Stella brazenly defies Parliament regarding ICASA appointments. Again.

24 August 2020

Note to Editors: Please find attached a soundbite by Phumzile Van Damme MP.

The Democratic Alliance (DA) will request that the Speaker of Parliament, Thandi Modise subject Communications and Digital Technologies Minister, Stella Ndabeni-Abrahams to disciplinary action following her latest decision to ignore Parliament.

In a government gazette issued over the weekend, Ndabeni-Abrahams provided notice of her appointment of five Councilors to the Independent Communications Authority of South Africa (ICASA) Council. This is in contravention of two decisions of the National Assembly instructing her to appoint six Councilors. While this may seem a minor infraction, it is not. It is now the second time the Minister has decided to override the power of the National Assembly regarding appointments to the ICASA Council.

Last month, Ndabeni-Abrahams wrote to the Speaker seeking to reject the National Assembly’s proposed list of candidates to serve on the Council. By doing so, she not only violated the ICASA Act, but the constitutional principle of the separation of powers.

In response, the Communications and Digital Technologies committee was unanimous that it would not allow her to circumvent the law. A report adopted by the National Assembly, and Parliament very clearly stated:

The Committee agreed that it would not accede to a request by the Communications Minister to fill only four of the six ICASA Council vacancies. It also agreed that it would not alter the skills set in its recommended list in line with Section 5(3)(b)(ii) and would retain its initial recommendation in order of priority.

That the Minister have now only appointed five, and not the six as per the decision of National Assembly is a brazen middle finger at Parliament, and must be dealt with harshly.

Ndabeni-Abrahams has not only violated the principles of the Constitution, the ICASA Act but also two additional laws governing the conduct of Ministers - the Executive Members’ Ethics Code and the Powers and Privileges Act.

Section 2(a) of the Executive Ethics Act reads:

 “…Cabinet members, Deputy Ministers and MECs—

(i) at all times to act in good faith and in the best interest of good governance: and

(ii) (ii) to meet all the obligations imposed on them by law. 

The Powers and Privileges Act:

“A person may not-

(c) fail or refuse to comply with an instruction by a duly authorised staff member Parliament or a House or committee of its authority or functions 

A violation of the Powers and Privileges Act by a Minister, who is also an MP, is contempt of Parliament and the House has the power to institute disciplinary action. If an MP is found guilty she could be removed as an MP amongst other sanctions.

DA Chief Whip, Natasha Mazzone, MP will be raising this matter with the Speaker to ensure that it is dealt with the seriousness it deserves.

Throughout her term Minister Ndabeni-Abrahams has on repeated occasions demonstrated that she does not believe the law applies to her by illegally interfering in the work of the SABC and Post Office board, contravening lockdown regulations and now, for the second time, ignoring a decision of Parliament.

We trust that the Speaker will deal with this matter expeditiously and the harshest sanction possible is handed down to stop “Princess Stella,” as she has described herself.

Issued by Phumzile Van Damme, DA Shadow Minister of Communications and Digital Technologies, 24 August 2020