Thank you, the question before the House is the approval of the recommendation for the appointment of Dr M Socikwa as councillor to fill the vacancy on the council of the Independent Communications Authority of South Africa. Are there any objections to the recommendations?
Yes, there is an objection from the DA, Mr Chairperson.
The HOUSE CHAIRPERSON (Mr K O Bapela) Is it an objection?
It is an objection. I understand that we are going to make a declaration.
I will then follow the procedure here. I now put the question. Those in favour will say, "aye" and those against will say "no". I think the ayes have it.
There was no debate.
Question put: That the appointment of Dr M Socikwa as councillor to fill a vacancy on the Council of the Independent Communications Authority of South Africa be approved.
Order, hon members. We will resume. There has been a request for declarations before a division. Parties have agreed that there will be declarations first. I am going to be allowing those declarations. Those parties wishing to participate in the declarations will indicate that.
Declarations of vote:
Thank you, Chairperson. The DA will not support the nomination of Dr Marcia Socikwa. She is a competent person, but there is a conflict of interest, when she is related by marriage and by blood to persons who respectively run and give legal advice on the telecommunications activities of Transtel.
Transnet has a 15% share in Newtel, and Newtel and Transnet are in discussions for Newtel to acquire Transtel.
Currently, Transtel also provides services to Newtel, and in addition, Transtel holds PTN, Private Telecommunications Network, and value-added network services by other network licenses, and uses them to participate in the telecommunications sector.
Firstly, although Dr Socikwa is not directly disqualified by the letter of the Icasa Act, her relationship to Transtel is, in our view, too close for comfort. You can imagine a range of licensing amendments and other procedures where she should have to recuse herself just as Icasa embarks on the enormous task of implementing the Electronic Communications Act.
Secondly, it remains our view that the portfolio committee should have taken legal advice on whether it could start a new process to find an economist, and not on whether the filling of a vacancy left by the infrastructure economist Andrew Barendse could be performed from the list agreed upon at the last nomination process.
Thank you, Chairperson. The IFP respects the principle of this matter, which has been raised by the DA. The IFP, however, supported Dr Socikwa being short-listed, and we do not question her competence and the wide range of skills which she will bring to the Independent Communications Authority of SA in any way whatsoever.
We are in fact confident that she will be mindful of the perils and perceptions that her family connections hold for her and that she will act with the honesty and integrity which will be required from her at all times. Thank you.
Thank you very much, Chairperson. The DA is full of surprises, but that is fine. The issue here is that there is no question about the credentials of Dr Marcia Socikwa to be a councillor in the Icasa. She has very impressive credentials; she has a PhD in telecommunications and regulatory matters. We could not find anything wrong with her during the interviews and even thereafter.
The DA did raise this matter they said was "too close for comfort" because her brother-in-law had an interest in the ICT sector, and that is the issue that they had with her appointment. We went to the law and checked the disqualification provisions of the Icasa Amendment Act. All of us agreed that the law does not disqualify Dr Marcia Socikwa.
We are not acting on the basis of comfort or anything. So, that was very clear. In this Parliament, we act on the basis of law. Why do we have these laws if we are not going to respect them?
Concerning the legal advice that Mr Swart says we did not sort out, we went to the parliamentary legal advisers to say, "We have a situation of having to fill the vacancy here. What do we do?'' They advised us. In the committee we all agreed. In fact, the DA said that it was sound legal advice.
To come here and raise other things, I think, is not being very honest with this Parliament and the process. We urge Parliament to support the nomination of Dr Marcia Socikwa and we are going to request the DA to withdraw this need for a division. Thank you very much. [Applause.]
Mr Chairperson, could I please address you on a point of order?
What is the point of order?
Mr Chairperson, I seek your guidance. We are seeking to understand, for the appointment to the Icasa board, does Parliament have to vote on that appointment or does it not have to vote?
There was a division called and, in terms of the Rules, we have to proceed with that division, unless the division is withdrawn.
But, for now, because there is no withdrawal of such a division, we will proceed. [Interjections.]
I am also informed that it does not require a special majority. A division has been called for, but if there is a withdrawal, we will look at that issue.
Division demanded. The House divided.
AYES - 165: Ainslie, A R; Arendse, J D; Asiya, S E; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, M J; Bici, J; Biyela, B P ; Bonhomme, T J; Booi, M S; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chalmers, J; Chang, E S; Chauke, H P; Chohan-Khota, F I; Combrinck, J J; Cronin, J P; Dambuza, B N; Diale, L N; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Fihla, N B; Gabanakgosi, P S; Gaum, A H; Gcwabaza, N E ; Gerber, P A; Godi, N T; Greyling, C H F; Gxowa, N B; Hogan, B A; Jeffery, J H; Johnson, C B; Kalako, M U; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khunou, N P; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Likotsi, M T; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Madikiza, G T; Madumise, M M; Magau, K R; Mahlaba, T L; Mahlangu- Nkabinde, G L; Mahote, S; Makasi, X C; Maloney, L; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Mars, I; Mashile, B L; Masutha, T M; Mathibela, N F; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Mbombo, N D; Meruti, M V; Mgabadeli, H C; Mncwango, M A; Moatshe, M S; Mofokeng, T R; Mogase, I D; Mohlaloga, M R; Mokoena, A D; Moloto, K A; Montsitsi, S D; Moonsamy, K; Morobi, D M; Morutoa, M R; Moss, M I; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Nawa, Z N; Ndlovu, V B; Nel, A C; Nene, M J ; Nene, N M; Ngaleka, E; Ngcobo, E N N; Ngcobo, N W; Ngele, N J; Ngwenya, M L; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Ntuli, B M; Ntuli, R S; Ntuli, S B; Nxumalo, M D; Nyambi, A J; Oliphant, G G; Padayachie, R L; Phadagi, M G; Pieterse, R D; Rajbally, S ; Ramgobin, M; Ramotsamai, C P M; Roopnarain, U; Schippers, J; Schneemann, G D; Schoeman, E A; Seadimo, M D; Seaton, S A; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sibuyana, M W; Sigcau , S N; Sikakane, M R; Sithole, D J; Skhosana, W M; Skosana, M B; Smith, P F; Smith, V G; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E ; Thomson, B; Tinto, B; Tlake, M F; Tolo, L J; Tshivhase, T J; Tshwete, P; Twala, N M; Vadi, I; Van der Merwe, J H; Van der Merwe, S C ; Van Wyk, A; Vos, S C; Vundisa, S S; Wang, Y; Zikalala, C N Z; Zita, L; Zulu, B Z ; Zulu, N E.
NOES - 29: Blanch, J P I; Botha, A J; Botha, C-S; Camerer, S M; Cupido, H B ; Doman, W P; Dreyer, A M; Gibson, D H M; Julies, I F; Kalyan, S V; King, R J; Kohler-Barnard, D; Lowe, C M; Marais, S J F; Minnie, K J ; Nel, A H; Rabie, P J; Sayedali-Shah, M R; Selfe, J; Semple, J A; Stephens, J J M; Steyn, A C; Swart, P S; Swart, S N; Swathe, M M; Trent, E W; Van Dyk, S M; Waters, M; Weber, H.
ABSTAIN - 1: Greyling, L W.
Question agreed to.
Appointment of Dr M Socikwa as councillor to fill a vacancy on the Council of the Independent Communications Authority of South Africa accordingly approved.