Johannesburg - A major showdown is looming between the SABC and the Independent Communications Authority of SA (Icasa) if the national broadcaster does not rescind its controversial editorial policy of not showing violent scenes in protests by Monday.
Shortly after Icasa had made its ruling on Monday, SABC chief operating officer Hlaudi Motsoeneng was placed on record as saying Icasa’s ruling was merely a recommendation.
However, the truth of the matter is that, as a Chapter 9 institution, the regulatory body's recommendations have a binding effect on rulings.
In its statement, Icasa said it had “deliberated on this recommendation and applied its mind fully on the matter, taking into account all facts before it and whether all processes were followed in the conclusion of this matter”.
Based on this, the regulator then took the decision to “direct the SABC to withdraw its resolution as published in its statement of May 26, 2016, which states that the SABC will no longer broadcast footage of destruction of public property during protests”.
It then said: “The withdrawal must be done retrospectively from the date the resolution was taken on May 26, 2016.
“The chairperson of the SABC board must confirm in writing to council via the office of the CCC (complaints and compliance committee) co-ordinator within seven (7) calendar days from the date on which the order is served that the resolution as endorsed by council of the authority was taken as ordered.”
The seven days lapse on Monday.
Rubben Mohlaloga, the commissioner of Icasa, says: “First things first; we do not make recommendations, we make rulings. Those rulings are binding.”
Mohlaloga says the public broadcaster has to confirm by Monday that it has retracted an earlier order not to air footage of violent scenes. “If they don't, it will be non-compliance.
And in the event of this non-compliance, the matter will be referred to the CCC of Icasa, who will make a pronouncement by recommending a fine or some such order.
Icasa’s ruling will remain effective “for as long as a court of law has not set it aside”.
The best the SABC can do is to urgently go to court to take the matter on review, Mohlaloga says.
He is hoping though that the public broadcaster would have the presence of mind not to take the matter to extremes, where the sanction would include suspending the public broadcaster’s licence.
SABC spokesman Kaizer Kganyago stretches the argument and says Monday’s deadline is only for board chairman Professor Mbulaheni Obed Maguvhe to write back to the communications regulator, not to implement the regulatory body’s ruling.
He says a lot about the matter is semantics but engages in a word game of his own.
Kganyago adds that the regulator has made a recommendation.
He is not aware if Maguvhe has dispatched the correspondence to Icasa. All Kganyago knows is that “the same law they are using allows us to take the matter on review”.
It is clear from what he says that the SABC is preparing for a protracted court battle, in keeping with Motsoeneng’s vow that the public broadcaster was prepared to go as high as the Constitutional Court.
The broadcaster will not ignore Icasa, he says, but will exercise its right to exhaust the court route.
Sunday Independent