[imc-sa] [Media Release] “Justice delayed is justice denied” - Icasa's SABC hearing postponed

[na'eem jeenah]

Media Release: "Justice delayed is justice denied" - Icasa SABC hearing 
postponed
25 July 2007

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.

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".
For more information, call:
Jane Duncan - 011 403-8403 / 082 786 3600
Na´eem Jeenah - 011 403-8403 / 084 574 2674
Simon Delaney - 011 403-8403 / 083 397 0057

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