Marian Shinn. Image courtesy of The Democratic Alliance.
South African opposition party the Democratic Alliance (DA) has said the Independent Communications Authority of South Africa (ICASA) needs to have its position and independence clarified.
DA shadow minister of telecommunications Marian Shinn said when asked where ICASA would be placed, communications minister Faith Muthambi said it would remain with the Department of Communications in line with the constitution.
“When the Constitution was adopted in 1996 the convergence of the electronic communications technologies had not happened. The wording of clause 192 under Chapter Nine of the Constitution says: National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views representing South African society,” Shinn said.
She said since then electronic communications have converged and ICASA should be placed under the Department of Telecommunications and Postal Services.
“If the regulatory authority is now to comply with the original intention of the 1996 Constitution the recently amended ICASA Act scrapped and two regulatory bodies – one for broadcasting and one for all other forms of electronic communications – would have to be formed,” she said.
“This is a ludicrous position as broadcasting (as in radio and TV), voice, data and video can be transmitted can now be carried on a variety of electromagnetic media,” Shinn said.
She said that ICASA’s status as a Chapter Nine institution should not be compromised.
Chapter Nine organisations are those that have been set up to guard democracy in the country.
“ICASA should be adequately resourced and managed so it can effectively regulate and monitor the entire ICT sector. It must be answerable to Parliament through the Department of Telecommunications and Postal Services,” Shinn said.
