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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Regulatory independence and the public interest: the case of South Africa's ICASA
Authors:Moyo, DumisaniISNI
Hlongwane, Siphiwe
Year:2009
Periodical:Journal of African Media Studies
Volume:1
Issue:2
Pages:279-294
Language:English
Geographic term:South Africa
Subjects:telecommunications
regulatory agencies
Abstract:The emergence of independent regulatory authorities (IRAs) in many countries is but one of the many effects of globalization 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 Communications in its regulatory activities, lack of clear constitutional protection and under-funding. Bibliogr., notes, ref., sum. [Journal abstract]
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