The Independent Communications Authority of South Africa (Icasa) remains one councillor short after Rubben Mohlaloga, the person named for the position by communications minister Dina Pule, was charged with fraud late last year.

Nevertheless, Icasa says it is able to function effectively and hopes the vacancy will be filled soon.

The Icasa Act stipulates that the authority has nine councillors but until last month it was three short of that figure. In February, two new councillors, Nomvuyiso Batyi and Katharina Pillay, joined the council, with Mohlaloga having been expected to fill the third vacant slot.

However, in December, Democratic Alliance MP Marian Shinn called on Pule to take “whatever legal steps necessary” to withdraw Mohlaloga’s appointment after reports came to light that he had been charged for allegedly defrauding the Land Bank of R6m. He was arrested in October 2012 and is out on bail of R20 000.

Shinn says that when Mohlaloga was interviewed by parliament’s portfolio committee on communications in September last year, he had not been criminally charged and, thus, could honestly have said at the time that there was no criminal record against him or any other conflict of interest that could disqualify him from the appointment.

However, Shinn says the charge had come to light by the time Pule made her appointments in late November and the information about Mohlaloga’s troubles should have been revealed to the minister.

Parliament is responsible for drawing up a shortlist of candidates for Icasa’s council, with the communications minister making the final choices from that list.

The DA opposed Mohlaloga’s inclusion on the shortlist of prospective councillors that was sent to Pule because the party felt he was insufficiently qualified for the position. Furthermore, Shinn says that if Mohlaloga failed to inform the department of communications about the criminal charges against him, “this casts doubt on his integrity and suitability for the post”.

Because Mohlaloga was named by parliament, Pule now needs to ask parliament’s legal advisors to indicate how she goes about having parliament’s approval revoked.

Icasa spokesman Paseka Maleka says the authority is legally required to have nine councilors, but that its hands are tied as the ability to appoint councillors rests with the communications minister. He says the regulator does, however, remain capable of making decisions.