Icasa rejects plea on SABC blacklist

The Independent Communications Authority of South Africa (Icasa) has rejected an application by the Freedom of Expression Institute (FXI) to subpoena the transcript of proceedings of the Sisulu Commission of Inquiry into alleged blacklisting at the SABC.

The move prompted a sharp response from FXI executive director Jane Duncan, who said she was disappointed by the decision, which ‘effectively denies the right of all South Africans to an explanation by the SABC as to what it has done to address the concerns of blacklisting and other abuses exposed in the damning findings of the commission”.

The Sisulu commission, appointed last year by SABC CEO Dali Mpofu, found that the SABC’s news department had violated its licence conditions, the Broadcasting Act and the Constitution by blacklisting certain commentators.

The FXI then lodged a complaint with Icasa based on the commission’s findings. It has asked Icasa to impose licence conditions on the corporation consistent with the Icasa Act and directed the SABC to ‘desist from further contravention of the Broadcasting Act, licence conditions and the Constitution.

It called for key figures such as former SABC newsman John Perlmann to be called as witnesses, and for an investigation into the SABC’s low staff morale.

Icasa’s complaints compliance committee ruled that neither the FXI nor the SABC could refer to the transcript or the Sisulu commission’s final report. It did, however, grant the FXI a postponement of the hearing.

In another development on Thursday, the SABC told the hearing it rejected all the evidence put before the Sisulu commission on grounds that it was based on hearsay, used many anonymous witnesses and did not include cross-examination.

Duncan said this had shocked the FXI. ‘The SABC now rejects the recommendations of its own commission of inquiry and calls into question the substance and procedure of the commission,” she said.

She added that the FXI said it would seek written reasons for the complaints committee’s decision before considering its legal options.