Performance Management System for the Chairperson and other Councillors of ICASA 07 June 2011

1. Performance Management System for the Chairperson and other Councillors of ICASA 07 June 2011 Presentation to the Portfolio Committee on Communications on the: 1 A global leader in the development and use of Information and Communication Technologies for socio-economic development

2. TABLE OF CONTENTS • Introduction • Consideration in developing the Performance Management System (PMS) for the Chairperson and other councillors of ICASA • Objectives of the PMS • Development of key performance indicators and targets • Measuring and evaluating the performance of the ICASA Council • Constituting the Evaluation Panel • Roles and responsibilities of various role-players in implementing the PMS • Way forward 2 A global leader in the development and use of Information and Communication Technologies for socio-economic development

3. INTRODUCTION • Section 6A(1) of the ICASA Act,13 of 2000 as amended, requires that the Minister, in consultation with the National Assembly establish a Performance Management System(PMS) for the Chairperson and other councillors of ICASA • The PMS must set key performance indicators; set measurable performance targets as well as set a procedure to measure and review performance of the ICASA Council at least once a year • In developing the framework for the PMS, we were guided by, inter alia, the principles and provisions of and as stipulated in the Constitution of the Republic of South Africa (in particular s192); the ICASA Act of 2000 as amended, the Broadcasting Act of 1999 as well as the Electronic Communications Act of 2005 and the Postal Services Act of 1998. 3 A global leader in the development and use of Information and Communication Technologies for socio-economic development

4. Consideration in developing the PMS for the Chairperson and other Councillors of ICASA The point of departure in developing the PMS is that: • ICASA is an independent juristic person; • The ICASA Council operates on a principle of collective decision-making; and • That government as a whole has adopted an outcomes-based approach which seeks to ensure that limited resources available to government and its entities are used in a manner that achieves the desired outcomes 4 A global leader in the development and use of Information and Communication Technologies for socio-economic development

5. Objectives of the PMS for the Chairperson and other Councillors of ICASA • The primary purpose of monitoring and evaluating the performance of the ICASA Council is to comply with the ICASA Act • The National Assembly must ensure that the ICASA Council performs in accordance with the set goals and targets and that such goals and targets are consistently being met in an efficient, effective and measurable manner • The Performance Management System for the Chairperson and other Councillors of ICASA will be used to monitor and determine if that which is taking place is as planned 5 A global leader in the development and use of Information and Communication Technologies for socio-economic development

6. Development of key performance indicators and targets • Government as a whole is working towards an outcomes-based based approach in terms of managing performance and results. Therefore the strategic priorities of ICASA as well as the setting of key performance indicators and targets must be aligned with overall government objectives • Key performance indicators must be measurable, relevant, objective and precise • Section 6A of the ICASA Act requires the Minister to determine the targets in the Performance Management System, after consultation with ICASA for each financial year. Subsequently the key performance indicators must also be determined. • As soon as the KPIs are set, ICASA must develop an Annual Work-Plan. The targets as determined by ICASA, must be commensurate with the resources and the capacity of ICASA. 6 A global leader in the development and use of Information and Communication Technologies for socio-economic development

7. ...Development of key performance indicators and targets • Hyperlink to narrative report-Table 1 7 A global leader in the development and use of Information and Communication Technologies for socio-economic development

8. Measuring and Evaluating the Performance of the ICASA Council • A robust mechanism is critical in evaluating and measuring the performance of the ICASA Council. This is necessary if government, the National Assembly and the ICASA Council is to engage constructively on the allocation of resources to maximise the achievement of outcomes as outlined by government. • The salient points regarding the Performance Management System for the ICASA Council include the following:- • The PMS will take into account the issues of compliance and time-frames • The rating system to be adopted by the Evaluation Plane as contemplated in Section 6A(4) of the ICASA Act, should link directly with the targets and key performance indicators as stipulated in the Annual Work-Plan • The PMS will be linked to the Authority's financial year • As soon as the National Assembly approves the PMS, individual performance agreements must be signed between the Minister and all the Councillors • The Performance Evaluation Panel's final report must be submitted to the National Assembly for consideration. 8 A global leader in the development and use of Information and Communication Technologies for socio-economic development

9. Constituting the Evaluation Panel • Section 6A(4) requires that the Minister in consultation with the National Assembly constitute a panel to evaluate the performance of the Chairperson and other councillors • It is proposed that the Evaluation Panel consist of at least 5 members, one of which must be the designated chairperson • The Evaluation Panel must have the necessary skills, knowledge, qualifications and experience to serve on the panel • It is proposed that the Evaluation Panel should be constituted in the following manner: • A retired High Court Judge; A representative from the Office of the Auditor-General; respected experts from academia; a representative from an organised consumer group and an independent consultant/expert in the electronic communications, broadcasting or postal sector from outside the country 9 A global leader in the development and use of Information and Communication Technologies for socio-economic development

10. ...Constituting the Evaluation Panel • The Evaluation Panel must not have a conflict of interest whilst serving in this capacity • The Minister shall, in consultation with the National Assembly, designate one of the nominated members as the chairperson of the Evaluation Panel • The Minister shall call for nominations of members of the Evaluation Panel from the public and appoint these members in consultation with the National Assembly 10 A global leader in the development and use of Information and Communication Technologies for socio-economic development

11. Roles and responsibilities of role-players The following parties are deemed critical to the implementation of the PMS for the Chairperson and other Councillors of ICASA and • Minister of Communications • Chairperson of the ICASA Council • The ICASA Council • The Evaluation Panel • The National Assembly 11 A global leader in the development and use of Information and Communication Technologies for socio-economic development

12. ...Roles and responsibilities of role-players The following roles and responsibilities are outlined: • Minister of Communications • Must put in place the PMS of the ICASA Chairperson and other Councillors of ICASA, in consultation with the National Assembly • Must enter into individual performance agreements with the Chairperson and other councillors • Must ensure that the Evaluation Panel is constituted and that at least once a year, the performance of the ICASA Council is evaluated • Must implement the findings of the National Assembly following consideration of the Performance Evaluation report of the Evaluation Panel • Chairperson of the ICASA Council • Must provide overall leadership to the Council and manage the activities of the Councillors • Ensure that the Annual Work-Plan is developed and tabled before the Minister for approval. The Annual Work-Plan will underpin each Councillor's performance agreement with the Minister 12 A global leader in the development and use of Information and Communication Technologies for socio-economic development

13. ...Roles and responsibilities of role-players The following roles and responsibilities are outlined: • ICASA Council • Must enter into performance agreements with the Minister by 1st April of each year • Must participate and attend the performance evaluation meetings • Consider the recommendations made by the Evaluation Panel with regard to performance improvement • Evaluation Panel • Must evaluate the performance of the Chairperson and other Councillors • Ensure that the evaluation process is fair, objective and honest • Term of office is three years. Members of the Evaluation Panel may be re-appointed by the Minister after consultation with the National Assembly • The remuneration of the members of the Evaluation Panel will be determined by the Minister of Communications 13 A global leader in the development and use of Information and Communication Technologies for socio-economic development

14. ...Roles and responsibilities of role-players The following roles and responsibilities are outlined: • The National Assembly • Provides oversight role in respect of the performance monitoring and evaluation of the ICASA Council • Approve members of the Evaluation Panel prior to their appointment • Consider the Performance Evaluation Report of the Evaluation Panel and thereafter make findings that must be given effect to by the Minister 14 A global leader in the development and use of Information and Communication Technologies for socio-economic development

15. Way forward • If approved by the National Assembly, the Performance Management System for the Chairperson and other Councillors of ICASA would be implemented on an immediate basis • The Minister should sign individual performance agreements with the Chairperson and other Councillors • A process to appoint the members of the Evaluation Panel will commence 15 A global leader in the development and use of Information and Communication Technologies for socio-economic development

16. THANK YOU 16 A global leader in the development and use of Information and Communication Technologies for socio-economic development