Presentation to the Portfolio Committee on Communications on the: Performance Management System for the Chairperson and other Councillors of ICASA 14 February 2012 Presentation to the Portfolio Committee on Communications on the: 1 A global leader in the development and use of Information and Communication Technologies for socio-economic development

DoC Team Mr Norman Munzhelele: ADDG: ICT Policy Development Ms Mameetse Mphahlele: CD: Economic Policy Development Mr Bambatha Hlongwane: ASD: Telecommunications Policy 2 A global leader in the development and use of Information and Communication Technologies for socio-economic development

TABLE OF CONTENTS Introduction Key principles considered in developing the Performance Management System (PMS) for the Chairperson and other councillors of ICASA Objectives of the PMS Development of key performance indicators and targets Measuring and evaluating the performance of the ICASA Council Constituting the Evaluation Panel Roles and responsibilities of various role-players in implementing the PMS The next steps 3 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Principles & provisions INTRODUCTION ICASA Act Guiding Principles & provisions Section 6A(1) of the ICASA Act stipulates that: Minister in consultation with National Assembly must establish a performance management system (PMS) System must monitor and evaluate the performance of chairperson & other councillors PMS must set KPIs; measurable targets and set a procedure to measure and review performance at least once a year Constitution of the Republic of South Africa (esp s192) ICASA Act of 2000 as amended Broadcasting Act of 1999 Postal Services Act of 1998 Electronic Communications Act of 2005 4 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Consideration in developing the PMS ICASA is an independent juristic person aligned with the social and economic reality ICASA Council operates on principle of collective decision-making he highest welfare impact among the different options Point of departure is recognition of the following fundamental issues Constitutionally independence Centrality of decision-making ICASA’s Mandate Outcomes-based approach As spelled out in the ECA and Postal Services Act e & society Limited resources available to government are used in the manner that achieves desired outcomes r has enough (institutional) capacity 5 5 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Objectives of the PMS for the Chairperson and other Councillors of ICASA Compliance with the provisions of the ICASA Act National Assembly must ensure that ICASA Council performs accordance with the set goals and targets in an efficient, effective and measurable manner The PMS is a framework that will be used to monitor and determine if that which is taking place is as planned 6 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Development of key performance indicators and targets Outcomes-based approach to guide and measure work of government and other organs of state Eight Strategic Objectives Annual Work-Plan Key Performance Indicators & Targets Individual Performance Agreements 7 A global leader in the development and use of Information and Communication Technologies for socio-economic development

...Development of key performance indicators and targets Hyperlink to narrative report-Table 1 8 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Alignment with other government cycles Measuring and Evaluating the Performance of the ICASA Council A robust mechanism that evaluates & measures performance is critical if government, the National Assembly and the ICASA Council is to engage more rationally in respect of resource allocation to maximise achievement of outcomes ICASA PMS Alignment with other government cycles Annual Performance Review Compliance and time-frames Link directly with Key Performance Indicators and targets Not deviate from agreed Annual Work-Plan interference Evaluation period linked with Authority’s financial year cycle Individual performance agreements to be concluded by 1st April of each year Evaluation Panel PMS, performance agreements, strategic plan, financial reports, stakeholder surveys to assess performance Evaluation Report submitted to the National Assembly Monitoring & evaluation 9 9 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Constituting the Evaluation Panel Section 6A(4) requires that the Minister in consultation with the National Assembly constitute a panel to evaluate the performance of the Chairperson and other councillors It is proposed that the Evaluation Panel consist of at least 5 members, one of which must be the designated chairperson The Evaluation Panel must have the necessary skills, knowledge, qualifications and experience to serve on the panel It is proposed that the Evaluation Panel should be constituted in the following manner: A retired High Court Judge; A representative from the Office of the Auditor-General; respected experts from academia; a representative from an organised consumer group and an independent consultant/expert in the electronic communications, broadcasting or postal sector from outside the country 10 A global leader in the development and use of Information and Communication Technologies for socio-economic development

...Constituting the Evaluation Panel The Evaluation Panel must not have a conflict of interest whilst serving in this capacity The Minister shall, in consultation with the National Assembly, designate one of the nominated members as the chairperson of the Evaluation Panel The Minister shall call for nominations of members of the Evaluation Panel from the public and appoint these members in consultation with the National Assembly 11 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Roles and responsibilities of role-players The following parties are deemed critical to the implementation of the PMS for the Chairperson and other Councillors of ICASA and Minister of Communications Chairperson of the ICASA Council The ICASA Council The Evaluation Panel The National Assembly 12 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Understand the economy & the actual drivers before proposing projects Roles and responsibilities of role-players National Assembly social context Minister of Communications Provide oversight role Approve the nominees to serve on the Evaluation Panel Consider the Report of the Evaluation Panel following the performance evaluation of all councillors Make findings that must be given effect to by the Minister May make recommendations to the ICASA Council on mechanisms to improve performance and ensure that the Authority achieves its objectives Must put in place a performance management system in consultation with the National Assembly Enter into performance agreements with the Chairperson and other councillors Ensure that the Evaluation Panel is constituted Implement the findings of the National Assembly following consideration of the Evaluation Panel’s report Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects Effective implementation of the Performance Management System for the Chairperson and other Councillors of ICASA requires all role players to idischarge their responsibilities as outlined 13 13 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Understand the economy & the actual drivers before proposing projects Roles and responsibilities of role-players Chairperson of ICASA ICASA Council Provide overall leadership to the Council and manage the activities of councillors Ensure that the Annual Work-Plan is developed and tabled before the Minister for approval Ensure that the Annual Work-Plan underpins each councillor’s performance and that there is an equal distribution of work amongst councillors Councillors must enter into performance agreements with the Minister by 1st April of each year Must execute activities aimed at achieving strategic objectives as per the signed performance agreements Participate and attend the annual performance evaluation meetings Consider the recommendations made by the Evaluation Panel with regards to performance improvement Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects All parties to operate within the relevant parameters with appropriate checks and balances being applied through, inter alia, the oversight role of the National Assembly 14 14 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Understand the economy & the actual drivers before proposing projects Roles and responsibilities of role-players Evaluation Panel Evaluate the performance of all councillors, based on, inter alia, verbal and written submissions made by the ICASA Council Ensure that the evaluation process is fair, objective and honest Following the evaluation of councillors, submit a report to the National Assembly within seven (7) working days for consideration The term of office shall be three years from the date of appointment of each member of the Evaluation Panel. Members of the Evaluation Panel may at any time, provide written notice to tender their resignation from the panel Members of the Panel may be re-appointed by the Minister in consultation with the National Assembly The Minister may, in consultation with the National Assembly, remove a member of the Evaluation Panel from office due to, inter alia, misconduct or inability to perform his or her duties efficiently or effectively Understand the environment & the actual problems before proposing projects Understand the economy & the actual drivers before proposing projects 15 15 A global leader in the development and use of Information and Communication Technologies for socio-economic development

Way forward Upon formal adoption of the performance Management System for the Chairperson and other Councillors of ICASA by the National Assembly the following processes will be undertaken to operationalise the system: Public call for nominations for members of the Evaluation Panel National Assembly and the Minister to conclude appointment thereof Minister of Justice and Constitutional Development enlisted for the appointment of a retired High Court Judge Minister to sign individual performance agreements with all Councillors based on the agreed Annual Work-Plan with clear deliverables and corresponding timeframes for implementation 16 A global leader in the development and use of Information and Communication Technologies for socio-economic development

THANK YOU 17 A global leader in the development and use of Information and Communication Technologies for socio-economic development