Briefing to the Parliamentary Portfolio Committee on Communications “2016 – 17 FY Annual Report”

Contents Organisational Mandate Strategic Fit - Government’s Priority Outcomes Strategic Outcome Oriented Goals: 2015/16 – 2019/20 Performance Summary 2016/17FY Key Achievements by Programme Key Non-Achievements by Programme Human Resources Governance Complaints and Compliance Committee AG Audit Outcome 2016/17 Financial Year End

Organisational Mandate ICASA is established pursuant to section 192 of the Constitution and in terms of the ICASA Act of 2000, as amended Regulate electronic communications, broadcasting and postal sectors in the public interest Ensure affordable services of high quality for all South Africans ICASA is mandated to - ICASA’s mandate is derived from: The Constitution, 1996 ICASA Act, 2000 EC Act, 2005 Broadcasting Act, 1998 Postal Services Act, 1998 ECT Act, 2002

Strategic Fit - Government’s Priority Outcomes An efficient, competitive and responsive economic infrastructure network Outcome 12: An efficient, effective and development–oriented public service Outcome 14: A diverse, socially cohesive society with a common national identity Promote competition and network deployment for universal broadband provision Government Long-Term Plans and Priority Outcomes Ensure that the regulatory framework facilitates the use of ICTs as a platform to provide increased access to government services NDP 2030 Facilitate the 3-tiers of broadcasting and specifically focus on a regulatory agenda that: Promotes local content Dissemination of information in the public interest Public broadcasting content across all platforms

(Strategic Outcome Oriented Goals)

Strategic Goals: 2015/16-2019/20 1. Universal Access to Broadband 2. Access to Communication Services at Affordable Prices 3. Improve Organisational Service Delivery 4. Common National Identity and Social Cohesion

ICASA Services to the Sector Services to licensees Spectrum Assignment Interconnection / Facilities Leasing Type Approval & Allocation of numbers Issue registration certificates Licences & Channel Authorisations Universal service obligations Diversity of local Content Quality of Service Speedy resolutions of Complaints Competitive pricing Services to end-users & audiences The issuing of a licence grants the right to offer services. This right opens up access to services that you need to actually provide services to end-users such as spectrum and type approval. In return for these services, ICASA has the power to impose supply-side measures that achieve the developmental goals of South Africa – the regulatory goals as discussed earlier

Performance Summary

Performance Summary by Programme Outputs Achieved Outputs Not Achieved Total Outputs Planned Licensing 10 2 12 Policy Research & Analysis 1 3 4 Engineering & Technology 5 8 Regions Compliance and Consumer Affairs 7 9 Corporate Services Finance Human Resources Internal Audit Legal Risk Complaints & Compliance Committee TOTAL 44 15 59 PERCENTAGES 74. 5% 25.5% 100%

Expenditure Summary by Programme Programmes Summary Report - March 2017 Programme 2016/17 2015/16 Budget Actual (Over)/Under Expenditure Programme 1: Administration 243 856 565 253 923 169 (10 066 604) 298 564 781 283 849 569 14 715 212 Programme 2: Licensing 45 838 825 47 383 950 (1 545 126) 48 060 711 59 507 485 (11 446 774) Programme 3: Engineering & Technology 16 646 472 16 169 488 476 985 31 749 824 12 053 979 19 695 845 Programme 4: Policy Research & Analysis 23 505 032 20 703 133 2 801 899 33 808 918 18 738 856 15 070 062 Programme 5: Compliance & Consumer Affairs 28 432 858 29 657 835 (1 224 977) 9 728 783 11 682 321 (1 953 538) Programme 6: Regions 70 011 109 61 490 254 8 520 855  TOTAL 428 290 860 429 327 829 (1 036 969) 421 913 017 385 832 210 36 080 807 Chief Operations Officer (Regulatory Projects Office)

Reasons for Over Expenditure Actual operational expenditure (OPEX) was R406 108 867 (2.4%) less as compared to the budget amount of R416 248 585. Normal projects actual spending of R 20 561 605 was R8 556 152 (70.7%) more to the budget of R 12 042 276, the below were mainly the cause for the over spending: - The project – ‘Local Elections Monitoring’ head count costs for the officers who were temporarily employed initially budgeted with lower scale packages and were actually salaried with higher scales going over by R 5 369 839. The projects – ‘Quality of Service(QoS) Monitored’ and ‘ Frequency Migration strategy/plan and updated National Band Plan and reviewed broadcasting plan’ both were under budgeted for resulting in in over spending of R1 663 826. The number of small projects under support division make up balance of the remaining amount of R1m. The actual amount incurred during the current financial is inclusive of the prior year accruals paid during the current financial year. The over expenditure on repairs and maintenance was mainly due to the following: Additional expenditure of R 221 782 incurred for repairs on old motor vehicles Additional expenditure of R 901 256 incurred for maintenance of monitory equipment.. Chief Operations Officer (Regulatory Projects Office)

Achievement by Programme

Programmes for 2015/16-2019/20FY 2.Licensing Purpose: To provide 1.Administration Purpose: To provide coordinated strategic leadership, management and support to the organisation to deliver on its mandate 2.Licensing Purpose To authorize, issue, renew, transfer and revoke all types of licence within its jurisdiction for the purpose of socio-economic development and promotion of competition 4. Engineering & Technology To research on radio frequency spectrum, type approval and technical standards to provide support to ICASA Programmes as needed 3. Policy Research & Analysis To conduct research and policy analysis into all the regulatory sectors in line with ICASA 5. Regions To enable unimpeded national provision of electronic communications, broadcasting and postal services through compliance and enforcement 6. Compliance & Consumer Affairs To ensure licences compliance with terms and conditions of their licences, regulations and requirements and protect interest of consumers

Programme 1: Administration - Achievements Systems and processes integration from 30% to 50% Increased ICASA communication reach from 10% to 40% on available communication platforms Increased safety and OHS from 50% to 60% Corporate Services Revenue collected R98 4921 674.00 on all invoices (99%) Support to Programmes increased from 88% to 95% Finance Increase in talent sourcing from 20% to 50% Increase in employee interventions from 20% to 50% Human Resources Internal Audit Legal, Risk & CCC Chief Operations Officer (Regulatory Projects Office) Audit plan completed from 84% to 85% 12 Issues tracking reports produced Assurance reports increased from 1 to 4 Repository for analysed legal opinions and case law complet from 0 to 50% Increase in risk maturity level from 1 to 2 beyond planned target SLA agreement completion increased from 20% to 50%

Programme 2: Licensing - Achievements IMT Spectrum ITA published Regulation on exempted devices completed Regulation on Premium Rated Services completed Universal Access to Broadband Public hearings and deliberations on number portability regulation completed Licensing process for commercial sound broadcasting in the Northern Cape completed Increase in type approval applications processed within 30 days from 18% to 65% Increase in numbering applications from 94% to 96% Increase in individual service licences amendments, transfers & control processed from 88.9% to 100% Increase in new, amendments, transfer & control of spectrum licensing applications from 81% to 97.7% ITA for Free To Air Commercial Television Broadcasting published Access to Communication Services at Affordable Prices Chief Operations Officer (Regulatory Projects Office)

Programme 3: Policy Research & Analysis - Achievements Draft community broadcasting regulatory framework published Access to Communication Services at Affordable Prices Chief Operations Officer (Regulatory Projects Office)

Programme 4: Engineering & Technology - Achievements Updated National Radio Frequency Plan approved Final regulations on E-band and V-band published on 22 November 2016 Universal Access to Broadband Updated and redefined broadband maps and infrastructure maps published on ICASA website Quality of Service measured distance increased from 5600km by 15% 100% of spillover cases resolved within 60days Improve Organisational Service Delivery Chief Operations Officer (Regulatory Projects Office)

Programme 5: Regions - Achievements An additional ICASA regional office opened in Limpopo Additional ECS/ECNS class licence processed in regional offices Increase in resolution of interference cases from 90% to 92.5% Improve Organisational Delivery Increase in consumer awareness from 0 to 5% All NATJOINTS instructions received executed Common National Identity and Social Cohesion Chief Operations Officer (Regulatory Projects Office)

Programme 6: Compliance & Consumer Affairs - Achievements Access to communication services at affordable services RIA recommendations implemented Consumer Advisory Panel published 3 ECS/ECNS compliance reports published Consumer protection strategy and implementation plan completed Increase in consumer complaints resolution from 75% to 80% Improve Organisational Service Delivery Common National Identity and Social Cohesion Chief Operations Officer (Regulatory Projects Office) A compliance reported published on Municipal elections A discussion document produced on ownership and control regulations on equity ownership and BBEEE

Non-Achievement by Programme

Programme 1: Administration - Non- Achievements 87% against 95% target ( 1 447 suppliers paid out of 1 646 suppliers’ invoices received) 71% against 100% target (197 SMMEs paid out of 277 SMME invoices received within 15 days Finance 25% of Performance Management & Organisational Development strategy implemented against a target of 50%. Consultation process took longer than expected 33% of HRD initiatives implemented against a target of 50%. Consultation process took longer than expected Human Resources Internal Audit Chief Operations Officer (Regulatory Projects Office) Compliance monitoring not completed. Data Analytics position took longer than expected to fill due to the poor level of candidates interviewed

Programme 2: Licensing – Non-Achievements Licensing of 45% of MUX not completed. ICASA decided to extend the submission deadline on the request by the qualifying applicant Universal Access to Broadband Chief Operations Officer (Regulatory Projects Office)

Programme 3: Policy Research & Analysis – Non-Achievements Study on definition of priority markets that are susceptible to ex-ante regulation. Council approved the publication of the notice to conduct market inquiry. There was a delay in procurement of the service provider. Access to Broadband Spectrum Access to Communication Services at Affordable Prices Chief Operations Officer (Regulatory Projects Office) Discussion Document on subscription broadcasting market will be published in May 2017. The project experienced unexpected delays at the information gathering stage. Draft regulations on call termination. Published a notice and a questionnaire to conduct the review of 2014 procompetitive remedies

Programme 4: Engineering & Technology – Non- Achievements 5G forum establishment. On 6 September 2016 Council approved the terms of reference for the establishment of the 5G Forum. Invitation letters were sent to potential participants. Only 25% responded Research report on TV White Spaces regulations. Two research reports have been produced by CSIR for ICASA. This represents 75% achievement of the target. Universal Access to Broadband Decrease turnaround time on type approval and spectrum licensing. 35% progress has been achieved. The target was unrealistic in terms of the project plan Improve Organisational Service Delivery Chief Operations Officer (Regulatory Projects Office)

Programme 6: Compliance & Consumer Affairs – Non -Achievements Obligations imposed for broadcasting ECS/ECNS and postal services from 4 licenses to 7. Draft USO amendments published, comments received. Access to Broadband Spectrum Improve organizational Service Delivery Chief Operations Officer (Regulatory Projects Office) Final code for persons with disabilities regulations. Decision to publish a further draft Code for Persons with Disabilities for public comments extended the project beyond the 2016-17FY

Human Resources

Personnel by Population Group Chief Operations Officer (Regulatory Projects Office)

Personnel Cost by Division Chief Operations Officer (Regulatory Projects Office)

Headcount and Vacancies per Occupational Level Chief Operations Officer (Regulatory Projects Office)

Employment Changes and Attrition Reasons

Governance

Council Members during the Year under review Mr Rubben Mohlaloga Ms Katharina Pillay (term of office ended on 11 February 2017) Mrs Nomvuyiso Batyi (term of office ended on 11 February 2017) Ms Botlenyana Mokhele Dr Keabetswe Modimoeng Mr Paris Mashile Mr Peter Zimri

Council Committees Members’ Meetings Attendance

Complaints and Compliance Committee

Number of Complaints Adjudicated And Attendance

AUDIT OUTCOME 2016-2017 PRESENTED BY CFO: TEBOGO MATABANE

STATEMENT OF FINANCIAL POSITION R thousand '000 2016/2017 2015/2016 Assets Current Assets 1 577 824 332 1 467 764 143 Non Current Assets 141 387 075 120 917 867 Total Assets 1 719 211 407 1 588 682 010 Liabilities Current Liabilities 1 416 210 251 1 306 163 718 Non Current Liabilities 1 326 074 2 435 036 Total Liabilities 1 417 536 325 Accumulated surplus 301 675 082 282 518 292 The Authorities assets exceeded it liabilities by R 301 675 082, the request to retain the surplus was approved by National Treasury.

STATEMENT OF FINANCIAL PERFORMANCE R thousand '000 2016/2017 2015/2016 Revenue Revenue from non exchange transactions 431 817 003 418 830 737 Revenue from exchange transactions 23 941 973 22 068 699 Total revenue 455 758 976 440 899 436 Expenditure Employee-related costs 254 667 868 220 962 647 General expenses 174 691 365 164 044 161 Total expenditure 429 327 827 384 864 811 Surplus for the year 26 431 149 56 034 625

AG’s Assessment of 2016/17FY Performance UNQUALIFIED AUDIT Internal Control Deficiencies [74.5 %] Organisational Performance

Achievements for 2016-17 Financial Year Types of audit outcomes Unqualified with findings Unqualified with no findings Unqualified with findings Qualified with findings Adverse with findings Disclaimed with findings 2014-15 2015-16 2016-17

Achievements for 2016-17 Financial Year

Audit Report Issues Audit Report Audit Report matter: Non compliance on; 2015-2016 Unqualified Usefulness of reported performance information - Programme 1: Policy Research and Analysis, Programme 2: Regions, Programme 3: Licensing, Programme 4: Compliance and Consumer Affairs & Programme 9: Legal, Risk and CCC; The constitutional institution did not have a proper record management system to maintain information that supported the reported performance in the annual performance report; and Irregular and fruitless and wasteful expenditure.

Audit Report Issues Audit Report Audit Report matter: Non compliance on; 2016-2017 Unqualified The financial statements submitted for auditing were not prepared in accordance with the prescribed financial reporting framework as required by section 40(1) (b) of the PFMA Material misstatements of non-current assets, current assets and disclosure items identified by the auditors in the submitted financial statement were corrected, resulting in the financial statements receiving an unqualified audit opinion. Contractual obligations and/or money owed by the entity were not met and/or settled within 30 days, as required by section 38(1)(f) of the PFMA and treasury regulation 8.2.3. Effective steps were not taken to prevent irregular expenditure amounting to R 27 485 420 as disclosed in note 34 to the annual financial statements, as required by section 38(1)(c)(ii) of the PFMA and treasury regulation 9.1.1. Effective steps were not taken to prevent fruitless and wasteful expenditure amounting to R12 268 248 as disclosed in note 33 to the annual financial statements, in contravention of section 38(1)(c)(ii) of the PFMA and treasury regulation 9.1.1. Quotations were accepted from prospective suppliers who did not submit a declaration on whether they are employed by the state or connected to any person employed by the state, which is prescribed in order to comply with Treasury Regulation 16A8.3.

Audit Report Issues Audit Report Audit Report matter: Non compliance on; 2016-2017 Unqualified Contracts and quotations were awarded to suppliers whose tax matters had not been declared by the South African Revenue Services to be in order as required by Treasury Regulations 16A9.1(d) and the Preferential Procurement Regulations. Goods and services of a transaction value above R500 000 were procured without inviting competitive bids, as required by Treasury Regulations 16A6.1. Deviations were approved by the accounting officer even though it was not impractical to invite competitive bids, in contravention of Treasury regulation 16A6.4. Bid documentation for procurement of commodities designated for local content and production, did not stipulate the minimum threshold for local production and content as required by Preferential Procurement Regulation 9(1) Commodities designated for local content and production, were procured from suppliers who did not submit a declaration on local production and content as required by Preferential Procurement Regulation 9(1)

FRUITLESS AND WASTEFUL EXPENDITURE R thousand '000 2016/2017 2015/2016 Fruitless and Wasteful expenditure 12 146 726 2 878 428 Fruitless and Wasteful expenditure increase from R 2 878 428 reported in 2016 to R 12 146 726 in the current year. A total amount of R 3 000 000 was condoned by Council during the financial year. The fruitless and wasteful expenditure identified during the current year is under investigation in terms of Section 38 and 51 of the PFMA and disciplinary steps against relevant officials will be taken where it is proven the relevant officials committed the fruitless and wasteful expenditure as disclosed.

IRREGULAR EXPENDITURE R thousand '000 2016/2017 2015/2016 Irregular expenditure 27 287 048 1 179 691 Irregular expenditure increase from R 1 179 691 reported in 2016 to R 27 287 048 in the current year. A total amount of R 1 378 063 was condoned by Council during the current financial year. The irregular expenditure identified during the current year is under investigation in terms of Section 38 and 51 of the PFMA and disciplinary steps against relevant officials will be taken where it is proven the relevant officials who committed the irregular expenditure as disclosed.

Thank You