 |
Lobbying around the financial and institutional independence of the Independent Communications Authority of South Africa (Icasa), and submissions to Icasa on various aspects of communications regulation.
The communications Regulation Campaign monitors and lobbies around the independence of Icasa, including its financial independence, to ensure that it has the organisational and financial space to exercise its mandate properly. Clearly, the independence question is not settled, and becomes an area of dispute between the government and Icasa quite regularly. In addition, the legislative arrangements around Icasa are not satisfactory, which is a problem flowing from the government’s decision to merge the broadcasting regulator, the Independent Broadcasting Authority (IBA) and the South African Telecommunications Regulatory Authority (Satra). This merger was effected at the level of the top-most management structure, the Council, which then handled broadcasting and telecommunications matters in separate arms. These two arms are run according to laws that allow Icasa different levels of independence. For example, in relation to broadcasting, Icasa has the authority to issue licences and make regulations on its own, yet in relations to telecommunications it cannot do the same without a Ministerial veto. A bruising series of conflicts have taken place recently around precisely these powers, involving the Ministry and Department of Communications, the parastatal Telkom, and applicants for the second-fixed line licence. These are high profile conflicts that has even led to the involvement of President Thabo Mbeki. It is clear from the growing conflict between the government and Icasa that the current arrangements are not working, and the relevant laws need to be reviewed to upgrade Icasa’s independence across the board. The financial independence of the regulator is still in question as well, leading to delayed delivery in relation to a number of activities, and complete non-delivery in relation to others. A report commissioned by the Speaker of Parliament in 2001 recommended changes in the way Institutions Protecting Democracy as set out in Chapter 9 of the Constitution, of which the independent broadcast regulator is one, receive their funding. This report, called the 'Oversight report' has not been adopted by Parliament, and in fact has been put into abeyance. Questions have been raised in terms of how the independence of the Chapter 9 institutions may be compromised when their budgets are channelled through the very government departments they are supposed to monitor. Most recently, the government and Icasa have set up a joint task team to investigate Icasa's financial independence, with a view to improving the flow of resources to the regulator, thereby enhancing its capacity. The FXI will continue to lobby for changes in the financial independence of the regulator as well as increases in resources to ensure that it has the capacity to fulfil its mandate, and to draw in the oversight report in the process. It is these developments that the FXI will have to monitor very closely, and lobby around. The FXI will also continue its work with the National Community Radio Forum to ensure that the logjams to the licensing of community radio are cleared, that community radio stations are fully appraised of the role of the regulator, and that stations actively participate in the lobby for a well oiled regulator.
Work around the independence of Icasa has assumed a new urgency not only because of the conflicts mentioned above. There are indications that the Southern African Development Community is considering Icasa as a ‘model’ for the setting up of independent regulators in the region, leading to the possibility that the sort of independence conflicts mentioned above will replicate themselves in other countries. Therefore the FXI intends to take on this aspect of work with a view to preventing the negative aspects of the South African ‘model’ from being adopted, while promoting its positive aspects. The World Association of Community Radio (Amarc) has approached the FXI to undertake a study of the merger of broadcasting and telecommunications regulators into a single mega-regulator, and the impact on the licensing of community radio. The study will use focus on the 'Icasa' model. Amarc's concern is that this 'model' has clearly has a negative impact on the community radio sector, yet at the same time other countries in the region are looking at Icasa as a model. Amarc would like to promote a regional regulatory model that responds to the realities of convergence, while at the same time prioritising the roll out of community radio. Once this study is completed, the FXI intends to join Amarc to assist regional stakeholders to lobby for the most appropriate model. |