ANC Caucus Statement on the ICASA Bill
30 May 2006
The ANC Parliamentary Caucus wish to demystify confusion within the
media regarding processes and other matters relating to the ICASA
Amendment Bill. The confusion seems to centre on President Thabo Mbeki`s
decision on April 11 to refer the bill to the National Assembly for
reconsideration. Bills are constitutionally signed into law by the Head
of State after careful consideration.
The President raised concerns that the bill contained constitutional
challenges relating to the process for appointment of councillors,
performance management systems, as well as process of evaluation and
removal of councillors. The Portfolio Committee on Communications has
concurred with the President`s recommendation that powers on these
matters rest with the National Assembly, instead of the Minister.
Following extensive discussions on these matters by the Committee, the
appointment process for the ICASA councillors remains a responsibility
of the National Assembly, as it has been in the principal Act. The
National Assembly may seek assistance of technical experts for
assistance in carrying out this task.
Essentially, the Minister would recommend an appointment to the National
Assembly, and if approved, the Minister would make such appointment by
notice in the gazette.
Also covered in the legislation is the performance management system,
which the Minister is required to draft in consultation with the
National Assembly. The performance management system is designed to
monitor and evaluate the performance of councillors.
Issued by the ANC Caucus
