PARLIAMENT asked for a report from the Independent Communications Authority of SA (Icasa) on steps it will take to enforce its ruling on the SABC’s editorial policy.
The authority’s Compliance and Complaints Committee found the policy of banning footage of violent protests to be unlawful in July and ordered the SABC to reverse it.
Three months later, the SABC has not responded to repeated requests for evidence of compliance, Icasa acting chairperson Rubben Mohlaloga told MPs on Monday.
This prompted members of Parliament’s communications oversight committee to accuse Icasa of being a passive observer and relying on the SABC to tell it whether or not it was in compliance.
ANC MP Mondli Gungubele said it was “not assisting” the committee for Icasa to give the impression it had not yet decided whether the SABC had complied or not.
While the DA’s Phumzile van Damme said it was clear the authority lacked the capacity to monitor this for itself.
However, Icasa chief operations officer Willington Ngwepe explained there were two parts to the ruling.
The first dealing with whether or not the protest policy was still being implemented and the second requiring the SABC board to furnish Icasa with proof that it had taken a resolution to reverse the policy.
The SABC had written a letter to Icasa on July 20 giving a commitment to comply with the order and thus far, there was no evidence that a blanket ban on the broadcasting of violent protests remained in place.
But the SABC had not provided a board resolution reversing the editorial policy, Ngwepe said. Icasa had the option of seeking a court order compelling the SABC to show proof of such a resolution, but this would amount to “chasing form over substance”, since the real question was whether or not the ban was still in effect.
Mohlaloga said anyone failing to comply with an Icasa decision could be fined up to R1 million, or face imprisonment of up to one year.
MPs were not satisfied with this explanation, asking what steps Icasa had taken to enforce compliance.
Hinting at possible interference by Communications Minister Faith Muthambi, Gungubele, he said he had a suspicion Icasa “at times” felt the need to “walk carefully”.
Chairperson of the communications committee Humphrey Maxegwana said it would arrange a follow-up meeting with Icasa before Parliament rises for a report back.