I WISH to bring to your attention certain inaccuracies in two articles in the M&G of June 28 to July 4 1996.
In the first article on the sale of six SABC regional radio stations, it was stated that the Cabinet had approved the amendment of the Independent Broadcasting Authority Act to expedite the sale so as to restore confidence and certainty in the industry.
In our discussions with the IBA Council, it was said that it would take up to December to issue licences, unless the legislation could be amended. Your journalist expresses an opinion that the “process is frustrating and hobbled by unrelenting bureaucracy”, but fails to inform her readers what was the basis of her assumption.
The amendment of the IBA Act will give the IBA, not the ministry for Posts, Telecommunications and Broadcasting, greater flexibility in executing the public procedures for issuing licences, while still ensuring that the process remains transparent.
Secondly, the article on the telecommunications legislation in the same issue astounds us. The changes were not secret or fundamental as suggested by the minister’s ex-adviser or anonymous industry sources. The Eminent Persons’ Group (EPG) and the National Telecommunications Forum (NTF) have fully endorsed the changes to the 14th draft of the legislation following the meeting we held with them on the issue.
The government is committed to a consultative process of drafting legislation, but that does not remove its sovereign right to make decisions based on the national interest.
Cabinet has a right to change legislation to ensure that it conforms to the overall framework of government policy, before legislation is tabled in Parliament, which is the final arbiter on all legislation.
The four issues raised by the EPG were clarified and accepted at a meeting on June 26 1996.
Firstly, the issue of earmarking funds has been ruled out by Cabinet, whether in the form of a special petrol levy to rebuild roads, or a special levy on cigarette sales to fund health care. Placing the earmarked funds and the human rescue funds under the postmaster general is in line with the new budgetary reform process.
The independence of the regulator is guaranteed in law. Throughout the world there is always a relationship between the autonomy of the regulator and the chain of accountability of all statutory institutions. There is no basis for the minister to interfere in the day-to-day business of the regulator.
On the issue of exclusivity, we have not shifted the goalposts. In line with international trends, no modern country writes fixed periods of exclusivity into legislation. But more importantly, the World Trade Organisation (WTO) failed to reach consensus on April 30 1996 on telecommunications liberalisation, and the deadline has been shifted to February 1997. The Department of Trade and Industry leads the government’s negotiations at the WTO, therefore our approach has to fit into the overall government strategy on trade access and liberalisation.
The government is also engaged in a process to find a strategic equity partner for Telkom. Does the M&G suggest the South African government should tie its hands behind its back in these negotiations?
We have undertaken to consult both the EPG and the NTF of any changes to our phased liberalisation. — – Connie Molusi, PRO, Ministry for Post, Telecommunications and Broadcasting
Praiseworthy Zapatistas
I WAS pleasantly surprised by the unusual editorial subtlety which linked the crisis of conscience South African organised labour is experiencing with the refreshing innovations being forged by the Zapatista movement in southern Mexico (June 28 to July 4).
It was obvious long before 1994 that Cosatu’s biggest looming battle would revolve around the inherent paradox of their erstwhile ANC/SACP equals becoming their masters under a democratic dispensation.
The greatest genuine threat to ANC dominance will come from within its own ranks, perhaps a new, radical workers’ movement grown out of Cosatu.
In February this year, I paid a month-long fact- finding visit to Chiapas and the Guatemalan highlands. The Zapatistas understand that the only ones who can free the people are the people themselves, not some kind of elite, dictatorial vanguard, whether state-capitalist (communist) or private-capitalist. Unlike most liberation movements, they have retained their sense of humour and humanity and bucked tradition by having an unusually high number of women in combat commands. Also, there are many similarities between their experience and ours.
The Zapatista way has for the first time put true empowerment and human rights at the top of the Mexican and regional political agendas. — Michael Schmidt, Durban Anarchist Federation, Bishopsgate
No room, but the inn is empty
I REFER to the article entitled “South Africa faces justice crisis” by Gaye Davis, Justin Pearce and Mungo Soggott (July 5 to 11).
I agree with Minister Dullah Omar that the present government inherited a crisis, but the situation is deteriorating daily and the response is far from satisfactory.
The turnover in the prosecutor corps is alarming. I have recently applied for employment in the Department of Justice and assumed that I had a good chance of being appointed. I hold the BA and LLB degrees and have three years of criminal litigation under my belt. I have prosecuted and defended a range of crimes from traffic offences to murder.
Twice this year my application has been turned down. In both instances the reason is the same — that there are no vacancies!
Omar rejected “charges that affirmative action appointments were seeing people promoted beyond their capacity”. I beg to differ. I have appeared before a senior magistrate on several occasions whom I have found to be glaringly incompetent. This person has subsequently been promoted to high office. One can only conclude that competence is no longer a criterion in the rush to effect affirmative action.
Prosecutors are quite rightly disgruntled. Their salaries are relatively low (junior prosecutors can earn less than secretaries). They are expected to work long hours and to maintain professional standards in trying circumstances. I have personally dealt with 30 case dockets in a day! Omar should rather address the issues than threaten prosecutors should they strike. — Advocate Clinton Allan Poole, King William’s Town