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The Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (Icasa) today postponed its hearing into the SABC after the public broadcaster’s legal team appealed that they were not ready to argue the matter. The hearing was scheduled as a result of a complaint submitted to Icasa by the Freedom of Expression Institute (FXI) in February 2007. The complaint alleged – on the basis of the report of the Sisulu Commission of Enquiry into allegations of blacklisting of commentators at the SABC – that the broadcaster was in violation of its licence conditions, the South African Constitution and the Broadcasting Act. Read the full complaint Read the SABC's Response Read the FXI's reply See the Sisulu Commission Report into allegations of blacklisting at the SABC
Despite the SABC having known about the complaint for five months, and having responded to a technicality in March, Icasa and the FXI received a letter from the SABC’s attorneys only yesterday requesting a postponement of today’s hearing. No reasons were given. Today, SABC’s counsel, Azhar Bham, informed the CCC that the broadcaster had briefed attorneys only on Friday last week and that he, as counsel, was instructed only two days ago. Therefore, he said, he was not prepared to argue the matter. Bham was also critical of his client’s lackadaisical and delaying attitude. He also said he would not pursue the line of SABC’s initial response, in March, which was that the FXI’s complaint was made after the 60 day deadline for complaints. The FXI had countered that the violations are ongoing and the 60 day period did not apply. FXI’s counsel, Muzi Sikhakhane, in opposing the application for postponement, said there was no reason why the SABC should have briefed counsel only two days before the hearing. The SABC could not suggest, he said, that it was “indigent”. Nevertheless, the CCC decided it was in the public interest for the SABC to be able to fully ventilate its response to the very serious complaint and agreed on the postponement. FXI’s Executive Director, Jane Duncan, said the Institute was disappointed with the postponement. “Justice delayed is justice denied,” she said. She added that the violations were occurring on a daily basis and “the longer this matter drags out, the more the climate of impunity that we see prevailing at the SABC will continue.” She said the FXI felt that it had been “treated shabbily” by the SABC and that the SABC’s delays in obtaining legal counsel seemed “yet another sign of chaos inside the SABC”. Na’eem Jeenah, FXI’s Operations Director, said the manner in which the SABC has dealt with this matter was a reflection of “its arrogance, dereliction of duty and lack of seriousness with which it treats complaints from the public”. Readers have left 8 comments. 1. MR
ANTHONY POSNER, Unregistered It is evident that The SABC has kicked The ICASA ball into touch.
How likely is it that ICASA will really be able to overturn The ANC's political control of The SABC? I have my doubts.
The FXI should have organized a campaign that had the full support of the South African media. Why, for example, haven't the majority of South African journalists signed The FXI's ICASA petition ?
The FXI has been unable to attract wide support from civil society. Unfortunately it has been unwilling to clearly state that Snuki Zikalala's ANC affiliations made him an unsuitable candidate for head of news and current affairs at The SABC. This is the central issue and The FXI has been unable or unwilling to illuminate it.
Like Manto, Snuki remains in power and South Africans, and in particular The FXI, have only themselves to blame!
2. Mr
Mxolisi Zulu, Unregistered Mr Posner is right: (certain) South Africans have only themselves to blame for Mr Zikalala still being in power. Like the South African Jewish Board of Deputies, who legitimate his presence there with meetings and secret deals. See P3 of this week's South Arican Jewish Report. Maybe for them justice and fair news coverage is less important than pro-Israeli bias. Wasn't the Board of Deputies making a big issue about protecting Paula Slier who Mr Zikalala had blacklisted? Now they have sold her out! Shame on them and others like them! 3. MR
ANTHONY POSNER, Unregistered The following is a letter that I have sent to The South African Jewish Report:
According to David Saks (SAJR July 27th), The SAJBD " is upbeat over prospects of genuine even-handedness by The SABC in its future coverage of the Middle East conflict , following its meeting last week with SABC Group Executive, News and Current Affairs, Dr Snuki Zikalala." The SAJBD's complaint to The Independent Complaints Commission of South Africa (ICASA) regarding The SABC's treatment of Paula Slier has, as a result, been withdrawn.
In the meeting with Ziklala, Zev Krengel ( SAJBD National Vice-Chairman) pointed out that "the true miracle of the South African transition to democracy has been how South Africans themselves had chosen negotiations over conflict."
Whether a "true miracle" has occurred will, perhaps, best be assessed by a future papal commission, but this should not stop us from asking the question.. " Was The SAJBD right to cut a deal with Snuki Zikalala?"
The Freedom of Expression Institute (FXI) has stated in an email to me, that they are dismayed by this agreement and although I am often highly critical of The FXI, in this instance, it seems that they do have a valid point .
The SAJBD should be doing everything it can do to ensure that The SABC is freed from Snuki Zikalala and all associated ANC political interference . Now is certainly not the time to withdraw the ICASA complaint. Living in South Africa, Zev Krengel should have been aware that the leopard does not change its spots . It will, inevitably, turn round and bite us, particularly at a time when the nation is struggling, on a daily basis, with many important freedom of expression issues which can, if unresolved, easily undermine a fledgling democracy. If this happens, biased SABC reporting re the Middle East will be the least of our worries.
4. MR
ANTHONY POSNER, Unregistered I refer readers to the IT"S ALMOST SUPERNATURAL blog where they can comment on the matter. I have posted the following:
"The SAJBD has made a monumental mistake. I am uncertain, however on reflection, whether the deal that Zev Krengel cut is (1) extremely cynical or (2) just naive.
Na'eem Jeenah (FXI / PSC), amongst others, will of course be delighted that The SAJBD's credibility is in tatters. However, this should not obscure the fact that The FXI's response to Zikalala has also been deeply flawed (I have explained my reasoning on The FXI website)
I hope that Paula Slier, Joel Pollak and Geoff Sifrin ( editor of The South African Jewish Report) will soon make their views known."
5. MR
ANTHONY POSNER, Unregistered If The FXI is now saying that Snuki Zikalala's ANC affiliations have influenced his decisions at The SABC surely it should also be evident that Na'eem Jeenah's multiple portfolios outside of The FXI have also influenced The FXI's position on
important freedom of expression issues.
The FXI should not be used to routinely secure a pro Islamic anti-Zionist agenda in South Africa. It can have no credibility if it is, inter allia, a steadfast ally of The PSC and MJC. As a result, Na'eem Jeenah should either resign from his position at The FXI or resign from the other positions that he is currently holding. Like Snuki Zikalala, he wants to have his cake and eat it. 6. MR
ANTHONY POSNER, Unregistered Wendy Kahn (SAJBD) has now commented about the stance that she has taken on the "IT'S ALMOST SUPERNATURAL" blog ;
"So far as the broader question of the independence of the national broadcaster goes, this is indeed an issue of national importance, and it concerns Jews no less than it does other South African citizens. Addressing it, however, falls outside the mandate of the SAJBD, whose mission, as already noted, is to act as a lobbying body specifically on matters of Jewish concern." (Wendy Kahn)
I responded as follows:
Are we now to assume that addressing freedom of expression issues in South Africa is not specifically a matter of Jewish concern ? Wendy Kahn should also take cognizance of the fact that The FXI is extremely disappointed that The SAJBD has withdrawn their ICASA complaint. The FXI needs all the support it can muster to ensure that The ANC's interference at The SABC is excised asap. Without the wider backing ofcivil society it is likely that The FXI's campaign will falter.
Posted by: The Blacklisted Dictator | July 31, 2007 at 07:30 ]
Of course The FXI's has unfortunately failed to secure the wider support of the national South African media, and I think that to some extent, it only has itself to blame. Has anyone, for example, heard SANEF speaking out on this matter ? Surely The FXI should have been able to get their backing? How many South African editors have even signed The Icasa petition ?
So The FXI should be careful not to contemptuously single out The SAJBD for being unwilling to fight ANC political interference at The SABC. Other organizations have also failed to make their voices heard on this matter. And even The FXI has been unable from the outset to comprehend that the central issue is that a senior ANC member ( Snuki Zikalala) should never been given the position of head and news and current affairs in the first place. Perhaps Na'eem Jeenah struggled to recognize the importance of this point because he holds various portfolios outside of The FXI ? The SABC, like The FXI, should not be the domain for people who have other axes to grind !
7. Eggman Cape Town
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Mobile Phone: 0737507923
Cape Town South Africa ( SUD AFRICA)
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