Intellect

Authors:  Dumisani Moyo And  Siphiwe Hlongwane 
DOI:

Keywords
independent, regulatory authorities, democratisation, public interest, regulation, globalisation, broadcasting, telecommunications

Abstract
The emergence of independent regulatory authorities (IRAs) in many countries is but one of the many effects of globalisation in the communications sector. As a result of the process of globalization, developing countries like South Africa have recently also instituted IRAs. The challenge everywhere, though, has been the question of the independence of these regulatory authorities. This is particularly evident in developing countries, where traditionally regulation of the communications sector has been the preserve of the state. Using a combination of institutional analysis, informant interviews and document analysis, this paper explores the independence of the Independent Communications Authority of South Africa (ICASA). The assessment of ICASA’s independence is mainly based on three indicators identified by the Constitutional Court in relation to regulatory and other state institutions in South Africa, namely institutional independence, administrative independence and financial independence. The paper argues that ICASA’s independence is severely undermined by interference from the Minister of Communication in its regulatory activities, lack of clear constitutional protection and under-funding.