The article published by ITWeb headlined “Early cracks show in ICASA programme” refers:
The Independent Communications Authority of South Africa would like to clarify the possible misunderstanding displayed in the said article by analysts who commented on the Authority’s extension of timelines for submission of information; in particular the Broadband Value Chain Study and Call Termination Market Review.
The Promotion of Administrative Justice Act (PAJA Act No.3 of 2000) provides that in order to give effect to the right to procedurally fair administrative action, an administrator (in this case ICASA) must give the public
(a) adequate notice of the nature and purpose of the proposed administrative action;
(b) a reasonable opportunity to make representations;
(c) a clear statement of the administrative action;
(d) adequate notice of any right of review or internal appeal, where applicable; and adequate notice of the right to request reasons in terms of this Act.
In this case, ICASA has commenced a regulatory process with set timelines and requires engagement with the licensees. When licensees send reasonable requests for extension of timelines, it is administratively fair to provide them with a reasonable opportunity to gather and compile the information we require to make an informed decision. Therefore, the decision to grant the extension was based on the Authority’s public interest mandate and in line with PAJA.
It is important to note that the Cost to Communicate Programme is a public participatory process. As such timelines are bound to change to ensure effective stakeholder participation and engagement.
