1.Mandate 2.Vision and Mission 3.Principles central to ICASA’s decision making 4.ICASA as an institution supporting democracy 5.Strategic priority programs 2

ICASA is established in terms of the ICASA Act of 2000 ICASA is mandated to:  Regulate electronic communications, broadcasting and postal sectors in the public interests  Ensure affordable services of high quality for all South Africans  Assign spectrum to licensees 3

 Issue licenses for electronic communications network services, electronic communications services, broadcasting services and postal services  Protect consumers from unfair business practices and poor quality of services  Enforce compliance with rules and regulation 4

Our vision To advance the building of a digital society. Our mission To ensure that all South Africans have access to a wide range of high-quality communication services at affordable prices. 5

Regulate in the public interest Facilitate and foster competition in the electronic communications and broadcasting sectors Encourage innovation in all sectors we regulates 6

ICASA is an institution supporting democracy as per section 192 of the South African constitution: National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society. 7

Important articles for ICASA of the Bill of Rights are: Article 16 on Freedom of Expression Article 33 on Just Administrative Action These articles form the underlying basis of ICASA’s mandate to regulate the Information and Communications Technology (ICT) sector and inform the way ICASA thinks about the importance of ICT services and infrastructure in a democracy – to enhance citizens’ freedom of expression and to ensure fairness in decisions affecting the public and the ICT industry. 8

Freedom of Expression (1) Everyone has the right to freedom of expression which includes – – (a) freedom of the press and other media – (b) freedom to receive or impart information, or ideas. (2) The right does not extend to propaganda for war, incitement to violence or the advocacy of hatred. 9

The practical implication of article 16 is that: (a) ICASA Councillors must be persons who are committed to freedom of expression (b) ICASA is required to promote the universal provision of electronic communications networks and electronic communications services and connectivity for all 10

(c) Promote the development of public, commercial and community broadcasting services which are responsive to the needs of the public; (d) Promote broad-based black economic empowerment, with particular attention to the needs of women, opportunities for youth and challenges for persons with disabilities; (e) Promote competition within the ICT sector 11

Practical examples of ICASA activities supporting freedom of expression: ICASA supported Government’s initiative to connect schools to the Internet, in order to enhance student’s access to educational resources and their freedom of expression ICASA has lowered call termination rates to enhance citizens’ freedom of expression by lowering the cost to communicate 12

ICASA is exploring ways of increasing access to broadband in rural areas by making available spectrum for mobile broadband suitable for rural connectivity – the digital dividend spectrum currently occupied by television broadcasters. This will involve expediting the digital TV migration; ICASA has issued new subscription TV and commercial radio licences and will shortly issue new Free-to-Air TV licences that will expand opportunities for freedom of expression as well as black participation in the ownership and management of new broadcasting services. 13

ICASA will shortly commence an inquiry into the State of Broad-Based Black Economic Empowerment in the ICT sector, which will lead to new BBBEE regulations in 2015; ICASA is currently undertaking an inquiry into the State of Competition in the ICT Sector which will inform ICASA’s future regulatory activities regarding net neutrality and ex ante regulation promoting a level playing field for competitors such as wholesale market regulation. 14

Just Administrative Action (1)Everyone has the right to administrative action that is lawful, reasonable and procedurally fair (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. 15

National legislation has been passed to give effect to this right: The Promotion of Administrative Justice Act No 3 of 2000, (PAJA) as amended. The practical implication of the right to just administrative action and the PAJA is: (a) that ICASA has to ensure its proceedings whether issuing licences, making regulations or allocating time slots for party election broadcasts must be fair and impartial and not subject to undue influence 16

(b) ICASA Councillors must be persons who are committed to fairness, openness and accountability; (c) ICASA decisions must be robust enough to withstand review by affected stakeholders in the courts. 17

ICASA participates fully in the activities of the Office of Institutions Supporting Democracy. Through the regular meetings and workshops of ISDs, ICASA exchanges views on matters of common interest to ISDs such as appointment procedures, remuneration, self-funding models and the practical nitty gritty of functioning effectively as an ISD. 18

Government is reviewing the role of ICASA as the communications regulator in its ICT Policy Review as well as how best to `ensure that regulatory agencies have the resources to encourage market entry and fair competition, as well as address market failure’, as required by the National Development Plan. In the meantime, ICASA is proceeding with the implementation of its mandate to regulate the ICT sector in order to promote freedom of expression and to carry out fair and just administrative actions in doing so. 19

ICASA wishes to point out to date it has not been consulted in the discourse on its role and reporting lines. ICASA is an economic regulator i.t.o the ICT and Postal Sectors It is also a content regulator in so far as Broadcasting is concerned. Funding: ICASA has proposed that it be a self funding regulator; ICASA tabled its submission to the former DoC and the Kader Asmal report on Chapter 9 institutions 20

ICASA proposed that it be allowed to keep a percentage of the fees it collects in order to cover the costs of administering the sector it regulates; ICASA Council has discussed the matter of reporting to Ministers of Communications as well as Telecommunications and Postal Services; It is difficult for ICASA to make any meaningful comments in this regard as we have not been consulted; However, it must be noted that ICASA has identified specific challenges; The ECA and other underlying legislation envisages a scenario wherein ICASA only report to one Minister. 21

Context: ICASA is enjoined with PAJA to follow due process in all its decisions making. However, it finds itself at risk of: – Considering a policy directive from Minister which is not specifically mentioned in the ECA or ICASA Acts – Confusion on process questions as concurrent jurisdiction over operational or strategic matters regarding ICASA is not provided for in the ECA or ICASA Act – Increased exposure to litigation if the extant legislation is not amended to mirror the proclamations or vice versa 22