Report of the Portfolio Committee on Communications on the process followed on recommending a persons for appointment to the Independent Communications Authority of South Africa (ICASA) Council, dated 25 May 2010:

Report of the Portfolio Committee on Communications on the process followed on recommending persons for appointment to the Independent Communications Authority of South Africa (ICASA) Council, dated 25 May 2010.

The Portfolio Committee on Communications, having considered the nominations of candidates submitted for appointment to serve on the ICASA Council in terms of ICASA Act, 13 of 2000 (as amended by Broadcasting Amendment Act, No 64 of 2002) reports as follows:

Requests from the Minister of Communications to fill vacancies at ICASA were referred to the Portfolio Committee on Communications on 25 March 2010 and 11 May 2010 (see ATC 25 March 2010 and 11 May 2010). The Committee advertised, calling for nominations to fill the vacancies.

The Committee received 91 CVs and unanimously shortlisted the following candidates for interviews:

1. Dr Norman Tinyiko Baloyi

2. Ms Lahlang Shirley Somo

3. Mr Tshepo Molai

4. Ms Linda Dalbock

5. Dr Stephen Sipho Mncube

6. Adv Luthando Simphiwe Mkumatela

7. Ms Kathryn Leigh Berman

8. Mr William Hamilton Currie

9. Mr Peter John Zimri

10. Ms Mankakane Violet Magagane

11. Mrs Kedibone Annah Serero-Chiloane

12. Mr Joseph Morakile Lebooa

13. Ms Josephine Kwena Mabotja

14. Mr Gabriel Thono Magomola

15. Ms Ntombizodwa (Miki) Ndhlovu

16. Prof Jacobus CW Van Rooyen

17. Ms Brenda Bernice Ntombela

18. Mr John Matisonn

19. Dr Alison Nora Gillwald

20. Mr Chose Andrew Kenilworth Choeu

The shortlists were published on 22 April 2010 (See ATC of 22 April 2010) and 11 May 2010 (See ATC of 11 May 2010) respectively.

The Committee interviewed the above mentioned candidates except for Mr Chose Andrew Kenilworth Choeu and Dr Alison Nora Gillwald who withdrew their applications before the interviews.

The Committee unanimously recommends that four of the following seven candidates be appointed to serve as ICASA Councillors:

Mr John Matisonn

Ms Ntombizodwa (Miki) Ndhlovu

Mr Joseph Morakile Lebooa

Ms Mankakane Violet Magagane

Mr William Hamilton Currie

Adv Luthando Simphiwe Mkumatela

Dr Stephen Sipho Mncube

In terms of section 6 of the Independent Communications Authority of South Africa Act 13 of 2000 provision is made for specific disqualification criteria of candidates to the council of ICASA.

Section 6(1) provides as follows:

(1) A person may not be appointed as a councillor if he or she—

(a) is not a citizen of the Republic;

(b) is not permanently resident in the Republic;

(c) is a public servant or the holder of any other remunerated position under the State;

(d) is a member of Parliament, any provincial legislature or any municipal council;

(e) is an office-bearer or employee of any party, movement or organisation of a party-political nature;

( f ) or his or her family member has a direct or indirect financial interest in the electronic communications, postal or broadcasting industry;

(g) or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph ( f );

(h) is an unrehabilitated insolvent;

(i) has been declared by a court to be mentally ill or disordered;

( j) has at any time been convicted, whether in the Republic or elsewhere, of—

(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act No. 6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or

(ii) an offence under this Act or the underlying statutes;

(k) has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; or

(l) has at any time been removed from an office of trust on account of misconduct.

Further more in terms of section 6(2) of the ICASA act, some of the apparent disqualifications may be remedied before date of appointment of the candidates as councilors of ICASA.

Section 6(2) provides as follows:

(2) A person who is subject to a disqualification contemplated in subsection (1) (b) to (i) may be nominated for appointment as a councillor, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification.

Having regard to the above legislative requirements the Committee requested and received the following statements from the nominated candidates regarding any possible disqualifications as stated in section 6 of the ICASA Act that are applicable to them at present:

Mr John Matisonn

I have checked my investments and find I do not have any conflicts of interest. However, my partner, Tessa Graaff, has a small number of shares on the JSE in MTN, worth approximately R50 000. (This was what I thought might be in my name when I attended the committee hearing).

If I have the honour to be chosen as an ICASA councilor, I undertake that Tessa will sell these shares, to avoid any conflict or appearance of a conflict.

Ms Ntombizodwa (Miki) Ndhlovu

This serves to inform the committee that I have interests in the following companies that are not in the ICT sector:

Mpido’s Emergency & Training Services – deals with emergency services like first aid and train kids in emergency services. It is based in the Eastern Cape.
Ezza Trading – not operating, dormant.
Ezza Consultancy – not in business, dormant.

Mr Joseph Morakile Lebooa

This is to confirm in accordance with the statutory requirements for the appointment of ICASA Councilors the relinquishing of any areas of conflict of interest which may be occasioned by my personal interest in organizations, institutions or companies that may have a stake in the communications sector. I currently hold shares in MTN South Africa Pty Ltd and I undertake to trade and dispose of all my shares as soon as I am appointed to the position of council in ICASA.I am also the sole shareholder of two other companies which have been dormant since 2003 and which do not have any interest or involvement in the ICT sector.

Ms Mankakane Violet Magagane

I hereby declare that I do not have any financial interest directly or indirectly in any Telecommunication company or licensee in the Communication industry.

Mr William Hamilton Currie

I hereby state that neither I nor my family members have any direct or indirect financial interests in the electronic communications, postal or broadcasting industries in terms of section 6 of the ICASA Act.

Adv Luthando Simphiwe Mkumatela

I have written a letter to Gemalto Southern Africa Pty Ltd irrevocably disposing my financial interest in the company.

I have also written to Digitisation and Remanufacturing Institute of South Africa which is a section 21 company, resigning from the board of the company.

The board of Space Resource Centre resolved to deregister the Section 21 company and the application is already submitted to CIPRO.

I am the only member of Amalico Investment Solutions and Spacegde Investment Enterprise and they are both close corporations.

In the past Amalico provided consulting services to the government in ICT related projects. Presently, I do not have through this company direct or indirect financial interests in the ICT sector. Furthermore, to avoid any real or potential conflict of interest anticipated in the Act, I do not intend to continue using the company in any consulting work in the ICT sector.

Spacegde Investment Enterprise has been dormant since registration in September 2009. I also do not intend to use the company in any ICT sector related work or investment opportunities.

My name appears in other companies that never traded and are dormant. Presently these are, according to CIPRO already in a process of being deregistered. I do not have any direct or indirect financial interests in these dormant companies.

Dr Stephen Sipho Mncube

In commensurate with section 6 of the ICASA Act, I have no conflicts with this stated Act.

The Committee requests that the House note the statements above and consider these read with section 6(2) of the ICASA Act before recommending the candidates for appointment.

Report to be considered.