SABC yet to comply with Icasa ruling on protest footage

File picture: Motshwari Mofokeng

File picture: Motshwari Mofokeng

Published Nov 2, 2016

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Parliament - Parliament has asked for a report from the Independent Communications Authority of South Africa (Icasa) on steps it will take to enforce its ruling that the SABC ban on footage of violent protests be withdrawn.

It has emerged that the public broadcaster has yet to comply.

The authority’s compliance and complaints committee found in July the policy was illegal and ordered the SABC to reverse it, but three months later, it hasn't responded to requests for evidence of compliance, Icasa acting chairperson Rubben Mohlaloga told MPs on Tuesday.

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 it was in compliance.

ANC MP Mondli Gungubele said it didn't help the committee that Icasa was giving the impression it hadn't yet decided whether the SABC had complied, while the DA’s Phumzile van Damme said it was clear the authority lacked the capacity to monitor that.

However, Icasa chief operations officer Willington Ngwepe explained there were two parts to the ruling: the first dealt with whether the protest policy was 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. Thus far there was no evidence that a blanket ban on the broadcasting of violent protests remained in place.

But the SABC hadn't 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 that would amount to “chasing form over substance”, as the real question was whether the ban was in effect.

Mohlaloga said anyone failing to comply with an Icasa decision could be fined up to R1 million or face up to a year in prison.

Communications committee chairperson Humphrey Maxegwana said it would arrange a follow-up meeting with Icasa before Parliament rises for a report-back on timelines and steps the authority would take to make the SABC comply with the ruling on the protest policy.

Political Bureau

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