SABC faces R1m fine

THE SABC could be fined as much as R1 million for failing to implement the ruling of the Independent Communications Authority of South Africa (Icasa) to lift the ban on the broadcast of footage of violent protests.

Icasa told Parliament yesterday it had lodged criminal charges with the Hawks against the SABC for failing to lift the ban.

It has been more than six months since Icasa ordered the SABC to lift the ban.

Icasa councillor Nomvuyiso Batyi, who was briefing the portfolio committee on communications on the SABC’s non-compliance with the order, said the contravention of the Icasa Act had a number of penalties.

A person found guilty of the offences was liable to a fine of R1m.

Batyi said that despite numerous letters of demand to the SABC, the public broadcaster had failed to implement its decision.

But SABC spokesperson Kaizer Kganyago denied this yesterday, saying they had fully complied with the decision.

He said they even went public to announce that they had overturned the decision to ban footage of violent protests.

“We went public that we are rescinding that decision and we accept the ruling of Icasa. If anybody has issues they must raise them,” said Kganyago.

Batyi said they had been asking the SABC to comply with the ruling for months, to no avail. They opened a case with the Hawks and the matter was out of their hands now.

But MPs questioned whether Icasa has teeth to implement its decisions. ANC MP Mondli Gungubele said Icasa was not effective in its job and in executing its mandate.

“Icasa goes to the police and now the Hawks… we don’t know when the Hawks will investigate,” said Gungubele, adding that the status of Icasa was not that of a regulator with powers to enforce its decisions.

“When you are a regulator you must act on those you are regulating. (But) how effective are they? The SABC alone demonstrates there are serious problems,” he said.

He was supported by Phumzile van Damme of the DA, who said Icasa needed to be more decisive. “Notwithstanding the point raised by Gungubele, we need Icasa with teeth,” she said.

The Icasa Act was clear that if the guilty party failed to comply with the decision, it was liable to a fine of R1m.

This could be the fine imposed on the SABC if found guilty in a court of law.