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Portfolio Committee on Communications and Digital Technologies chairperson Khusela Diko
Parliament’s Portfolio Committee Chairperson on Communications and Digital Technologies, Khusela Diko has called for the immediate withdrawal of policy directives issued by Minister Solly Malatsi to the telecoms regulator, the Independent Communications Authority of South Africa (ICASA).
WATCH | Khusela Diko, Chairperson of the Portfolio Committee on Communications & Digital Technologies, addresses the controversy over the proposed ICASA policy direction. She says Minister Solly Malatsi’s action is “not only undesirable but also unlawful” and adds, “We have… pic.twitter.com/eiU4Hdn2bK
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The directives issued on Friday seek to amend regulations to permit international companies like Starlink to enter the South African market under a different set of empowerment requirements. Diko argues that the minister’s actions are not only undesirable but also unlawful.
Diko says Malatsi failed to follow proper procedures.
“We’ve rejected those policy directives. We are calling for their immediate withdrawal, failing which we are calling for ICASA as an independent, and it’s important that we emphasize as an independent communications authority of South Africa to apply its mind to what he is asking them to do, which is unlawful in our view, and we hope that their conscience is going to ensure that they rejected those demands from the minister,” she adds.
Diko says the portfolio committee will convene a meeting early next year, where the minister will be required to account on the matter.
“We have sought to understand whether a policy directive which is of such huge import, he’s even brought it before cabinet for consideration. While it’s not a requirement, we would think that something of this nature which seeks to tamper with the laws of this country, he would have at least sought the wisdom of his collective. It seems that he has not done that either. Now what we’re going to do is to impress upon the Minister that in this country there’s a sanctity of the doctrine of separation of powers, where he does not understand the law, as it’s clear that he is not understanding the law, he may seek a declaratory order from our courts,” she says.
VIDEO | Controversy over proposed ICASA policy direction
Meanwhile, Malatsi has sought to clarify that the Electronic Communications Act and the ICASA Act give him the authority to issue directives that align with national law.
Malatsi elaborates, “There is no attempt to amend legislation here, we are dealing about regulations. There is no instruction to ICASA here. We are saying to ICASA, the policy direction stipulates that, urgently consider, which means that they must be able to engage with what I have tabulated in the policy direction, and consider that is what is provided for in law. So, if people don’t like what is provided for in law, or they don’t like whoever has the responsibility of taking decisions in enforcing the empowerment laws of the country. That is the struggle they must reconcile with.”
