___[12 March 2018] After somewhat of a hiatus, ICASA has begun publishing records of Council decisions once again:
___[23 September 2017] The Minister of Communications has formalised the new appointment of two new ICASA councillors:
- Advocate Dimakatso Qocha, for a period of four (4) years with effect from 22 August 2017; and
- Ms Palesa Kadi, for a period of four (4) years with effect from 22 August 2017.
__[16 August 2017] We would love to update this post more frequently but ICASA remains non-compliant with its founding legislation.
__[16 May 2017] No further records or minutes have been published since the below post…
Section 11A of the ICASA Act – which came into effect during May 2014 – is clear about the obligation on ICASA:
11A. Minutes of meetings
(1) The Council and a committee contemplated in sections 17 and 17A must prepare and keep minutes of the proceedings of every meeting of the Council or committee and cause copies of such minutes to be circulated to all councillors or members of such committee.
(2) The minutes prepared, when confirmed by a subsequent meeting and signed by the person presiding at such meeting, must be regarded as a true and correct record of the proceedings which they purport to minute and is prima facie evidence at proceedings before a court of law or any tribunal or in terms of this Act or the underlying statutes.
(3) The minutes, contemplated in subsection (2), must be signed, confirmed and published on the Authority’s website and made available in its library within 30 days of the conclusion of the meeting, but any information determined to be confidential in terms of section 4D must be removed prior to such publication or availability.
It is difficult to take a regulator which cannot comply with its own legislative obligations seriously when it preaches compliance to licensees….
___[30 August 2015] ICASA has started publishing a record of decisions minuted at its Council meetings as it is required to do under the ICASA Act as amended effective 7 April 2014.
Fair warning: these are not treasure troves of information…