SABC-FXI hearings at ICASA postponed

Pleading on behalf of the SABC,aAdvocate Azhar Bham, of the Johannesburg Bar, told the CCC panel that the public broadcaster needed more time to prepare to respond to the substantives of the FXI arguments.

In addition to that, Bham also said that his client would like to withdraw the technical points of the arguments and focus on the ‘merit of the case'.

“We need more time to prepare thoroughly and if it the postponement is not granted, we will have nothing solid to respond.

“We are aware of the criticism levelled against the SABC about the time given to us to respond, which we failed to do so, but we firmly believe that granting us a postponement would not prejudice anyone in this process.”

Prepared to pay

Bham added that the SABC was prepared to pay whatever costs incurred by the complaint during the submissions' process.

Fakir Hassen, broadcast compliance manager, led the SABC delegation at the hearings.

But, appearing for the FXI, advocate Muzi Sikhakhane, of the Johannesburg Bar, outrightly opposed the Bham's request of a postponement, saying it lacked a satisfactory explanation. “We seek to persuade the CCC why this application will not succeed and why granting a postponement will be at the prejudice of the public interest.

“They had five months to prepare and I fail to understand why they still want more time,” Sikhakhane said. “This request is very peculiar. Granting a postponement will condone the SABC's ongoing offences and will not only prejudice the FXI but the public at large since these matters are related to the public interest.”

Bham claimed that when the SABC agreed to respond, it was not represented by legal representatives, and now that it has sought legal advice it would like to put in a new defence.

Blacklisting

The FXI's complaints refer to the findings of the Sisulu Commission of enquiry into blacklisting of various political commentators by news and current affairs manager Snuki Zikalala.

Upon returning to the hall after the panel's recess of about half-an-hour, CCC chairperson Elizabeth K Moloto-Stofile said: “After considering both parties' arguments and taking the present circumstances into account, we have decided to grant the postponement of the matter to a later date to be worked out by both parties in collaboration with one of the CCC coordinators.”

Speaking to Bizcommunity.com outside the bloc C hall, where the hearing took place, FXI's director of operations Na'eem Jeenah said: “We are disappointed that the matter could not proceed. This reflects the SABC's arrogance and dereliction of duties.

“What concerns us the most is the fact that today is the closing date of the nominations of SABC's new board, and most of the outgoing board members have been nominated.

“We are now afraid that the portfolio committee on communications will not be able to make an informed appointment as this matter is taking too long to be solved.”

An elated Kaizer Kganyago, SABC spokesperson, who arrived just a few minutes after the ‘executive decision' was made, said: “We are happy now that we got what we wanted. This matter is in the public interest, and we felt that we needed more time.”

Asked why the SABC asked for a postponement only two days before the hearing took place, he said: “I do not want to get into that. We are not fighting against anyone, but we just want more time to prepare and solve this matter peacefully.”

Apart from Moloto-Stofile, the CCC panel was also represented by Refiloe Msiza, Kobus van Rooyen, tNomveliso Ntajana, Daniel Moalosi Bruce Mkhize and Surendra Thakur.