Minister can’t act against Icasa boss
COMMUNICATIONS Minister Mmamoloko Kubayi-Ngubane says she cannot act against convicted fraudster Rubben Mohlaloga, recently appointed chairperson of the board of the Independent Communications Authority of South Africa (Icasa).
The former ANC Youth League deputy president and three others were convicted in the Pretoria Specialised Commercial Crimes Court for defrauding the Land Bank of about R6 million in 2008.
Kubayi-Ngubane said her hands were tied because she was a member of the executive.
“As the minister, I await guidance from Parliament because it is Parliament which is an appointing authority and dismissing authority, not the minister,” Kubayi-Ngubane said when she appeared before the communications portfolio committee yesterday.
“Where I’m sitting, I do not have authority.”
Kubayi-Ngubane was responding to a question from the DA’s Veronica van Dyk, asking whether Mohlaloga was receiving any financial benefits following his conviction last month.
Mohlaloga was nominated for a second term as Icasa chairperson by the portfolio committee late last year.
At the time, the DA and the Inkatha Freedom Party had not supported his nomination – citing his pending criminal case – while ANC MPs shrugged off their objections.
Yesterday, committee chairperson Humphrey Maxegwana said there was a parliamentary process the committee had to follow, then to report to the National Assembly.
“We need to follow that and close the chapter of the Icasa chairperson,” Maxegwana said.
He recalled the criminal case against Mohlaloga had come up during the interviewing of candidates vying to fill vacancies at Icasa late last year.
“There was an allegation about the current chair of Icasa of fraud and all of that. That was explained by the gentleman in question, hence we proceeded because at that point, at least from what we got from him, there was an allegation and the matter fell on the wayside,” Maxegwana said.
The committee has since sought legal opinion, which it will discuss and then make a report to the National Assembly.
“The act is clear on what constitutes disqualification to persons serving on the Icasa Council and accordingly, once the legal opinion has been received, the committee will move swiftly to bring the matter to finality.”
Maxegwana said he was convinced committee members were doing the right thing by acting now following Mohlaloga’s conviction.
“The man is convicted, and there is a sentence very soon in April.
“Informed by that, we cannot dilly-dally on the matter because now we know he is convicted, so therefore we have to put the matter into finality as this committee.”
Maxegwana also denied the committee had not played its role on the saga.
“We are not (abdicating our responsibility).
“We think that as this committee (has) taken a collective decision at that point, we must engage on the matter and put it to finality,” he said.
‘We need to follow due process and close the chapter’