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Icasa to hear FXI complaint against SABC |
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Tuesday, 24 July 2007 |
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Tomorrow, the Complaints Compliance Committee of the Independent Communications Authority of South Africa (Icasa) is to hold a hearing to listen to arguments made by the Freedom of Expression Institute (FXI) in a detailed complaint accusing the South African Broadcasting Corporation (SABC) of having violated its licence conditions, the Broadcasting Act and the South African Constitution, in relation to its handling of the blacklisting of political commentators.
However, earlier today, the SABC applied for a postponement of the hearing, on the basis that they needed more time to respond to the substantives of the arguments. The FXI has responded by arguing that Icasa should reject the application, as the SABC has had five months to respond properly, and has failed to do so. In its 20-page complaint, the FXI argued that the SABC had violated its founding statute, the Broadcasting Act, eleven times, its licence conditions five times and the South African Constitution three times in the recent past. The complaint referred to the findings of the Commission of Enquiry into blacklisting and related matters which concluded its work late last year, as well as subsequent events. (The full version of the complaint can be found on the FXI's website at http://www.fxi.org.za/.) The FXI submitted its complaint on the 20th February 2007. The SABC responded, saying the complaints could not be raised because too long a period had elapsed from the time of the alleged offences. The FXI countered that the offences were ongoing. In the complaint the FXI noted that it waited for the SABC to implement the Commission's findings. However, as the weeks went by the FXI became increasingly concerned at what appeared to be the SABC's lack of appropriate response, especially its failure to act decisively against the person responsible for the blacklisting of political commentators, the Managing Director of News and Current Affairs, Dr. Snuki Zikalala. The FXI said its “loss of confidence in the ability of the SABC to address the report's findings precipitated the complaint to Icasa”. The complaint alleges that, by excluding certain commentators, Zikalala's actions have violated the Broadcasting Act's requirement for its public services to “provide significant news and current affairs programming which meets the highest standards of journalism, as well as fair and unbiased coverage, impartiality, balance, and independence from government, commercial and other interests”. By limiting the diversity of opinion the public has access to, the SABC also violated the provision of its licence conditions that requires it to “provide a reasonable opportunity for the public to receive a variety of points of view on matters of public concern”. Zikalala's conduct in giving express or inferred instructions to exclude certain political commentators also does not meet the highest standards of journalistic professionalism, as the SABC is required to do in terms of the Broadcasting Act and its licence conditions. The FXI requested Icasa to enforce the licence conditions and underlying statutes of the SABC, by investigating, hearing and making a finding on the complaint. It also requested Icasa to ensure that the SABC provides it and the public with a full report on the actions it has taken on the Commission's findings. The FXI has called on Icasa to provide the public with a full report on the remedial actions it has taken. The regulator should also direct the SABC to desist from any further contraventions, and direct the SABC to take remedial steps to ensure the Commission's findings are addressed adequately. These points will be argued by the FXI and its lawyers on Wednesday and, finally, the public will get an opportunity to hear the SABC responding to various criticisms about its conduct and to accusations of its various violations.The date set for the hearing is loaded with symbolism; the 25th July is also the closing date for nominations for a new SABC Board. The FXI believes that the problems at the SABC – the various violations referred to in the complaint, the lack of morale among staffers, the exodus of people from the newsroom – are not only the responsibility of the management but also of the board. In order to restore the public’s confidence in the SABC and in order to work towards the transformation of the SABC into a true public broadcaster, the Board needs to be changed. The FXI, together with a number of other civil society organisations, is drawing up a list of nominees that will - if elected to the Board - work towards realising these objectives. One person has commented on this article. 1. MR
ANTHONY POSNER, Unregistered Dear Jane Duncan and Na'eem Jeenah,
In the light of recent comments about the banned Mbeki documentary, don't you think that The FXI / PSC should be publicly demanding, loudly and clearly, that Snuki Zikalala be immediately sacked ?
For the record you should now reveal whether are you both members of The ANC. I am concerned that when push comes to shove, your political allegiances might have discouraged The FXI / PSC from demanding Snuki's dismissal.
On 7/24/07, na'eem jeenah <naeem@fxi.org.za> wrote:
Oh stop being a little child!
Can you not read? Were you not at the protest outside the SABC? Did you not hear the
speeches and the slogans? Do you not know that even many ANC members want Snuki's
head? Don't be a naïve fool!
Not that it's any of your business whatsoever, but since you asked so nicely: No, I am not an
ANC member. Have never been.
Oh, and btw, you should check how many members of the South African Jewish Board of
Deputies are members of the ANC. According to your dumb (il)logic, you should be asking:
why is the SAJBD meeting with Snuki Zikalala? Why did the SAJBD withdraw its complaint
against the SABC? Why will the SAJBD not be present at the Icasa hearing tomorrow when it
and the FXI are supposed to present to Icasa's Complaints Compliance Committee on the
SABC blacklist saga? Check it out!
Dear Na'eem Jeenah,
Thank you for your email.
I was at the rally and I spoke to Jane Duncan.
The SABC rally was , to quote your own words,, dominated by a "motley crew". For about two hours traditional healers used it as a platform . Unfortunately this deflected from the real issue, namely that Zikalala should be immediately sacked for his political interference at The SABC.
When I previously emailed you about the fact that the head of news and current affairs should not be a position held by a senior ANC member, you told me that, in principle,The FXI had no problem with such a situation.
I have on numerous occasions pointed out that your own position as spokesperson for The PSC has affected The FXI's position on various matters ( your blog entries, inter alia, are evidence of this).I suspect that this is the reason why you are oblivious to the fact that Snuki Zikalala's wider political allegiances, are instrumental in dictating the stances that he takes at The SABC.
With regard to your questions about The SAJBD, I suggest that you pose them directly to The SAJBD. I am not their spokesperson and have often criticized the stances that they have taken. I am independent ( unlike you, who hold many positions outside of The FXI !) Of course, you can always vent your anger re The SAJBD (and The SAJR) on your blog.
To conclude, I emphasize that senior appointments at The SABC and The FXI should not be held by people who have other axes to grind. Only a "naive fool" would think otherwise. It is, of course, irrelevant that some people at The SAJBD and PSC are ANC members, but you are not sharp enough to understand that such organizations are inherently different from The SABC and The FXI. In the circumstances, perhaps Jane Duncan can explain the differences to you.
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