Independent Communications Authority of South Africa

Pinmill Farm, 164 Katherine Street, Sandton

Private Bag X10002, Sandton, 2146

Office of the Chairperson

Tel: +27 11 566 3007
Fax: +27 11 566 3008
Email: chairperson@icasa.org.za

Ref No: 17/3/1/1/1-2017

Mr Bafana Ncube
Ncube Incorporated Attorneys
PO Box 87313
Houghton
2041

Per email: bafana@ncubeinc.co.za

Dear Mr Ncube

BEFORE THE COMPLAINTS AND COMPLIANCE COMMITTEE (THE CCC)

COMPLAINT LODGED BY S.O.S SUPPORT PUBLIC BROADCASTING COALITION
AND MEDIA MONITORING AFRICA AGAINST SOUTH AFRICAN
BROADCASTING CORPORATION (SABC)

1. The above matter has reference.

2. On 9 December 2017, the Complaints and Compliance Committee held a formal

hearing to hear arguments in the complaint lodged by S.O.S Support Public
Broadcasting Coalition and Media Monitoring Africa against the SABC.

3. The Complaints and Compliance Committee tabled its recommendation to the

Council of ICASA for ratification in accordance with section 17E (2) (a) of the
ICASA Act No. 13 of 2000 (as amended). On Tuesday, 7 March 2017, the Council
of ICASA ratified the recommendation of the CCC in its entirety.

NA Batyi, P Mashile, K Modimoeng, MR Mohlaloga, BC Mokhele, KGS Pillay, PJ Zimri (Councillors),

PK Pongwana (CEO)
4. I hereby advise the SABC that since the public participation procedure
prescribed by section 6(6) of the Broadcasting Act No. 4 of 1999 was not
adhered to, by the SABC Board in the 2016 amendment of its editorial policies,
the Council of ICASA No. 13 of 2000 orders the SABC; that: -

(a) The 2016 amendments by the SABC Board to its editorial policies were
invalid in terms of the Broadcasting Act No.4 of 1999.

(b) The 2004 SABCs editorial policies, accordingly, remain valid.

A detailed judgment outlining the reasons for the decision is attached and is marked
as Annexure A.

Yours sincerely,

_______________
Rubben Mohlaloga
Acting chairperson

Date: 08 /03/2017

CC: Christine Grobler (For the Complainant)

Legal Resource Centre
Per E-Mail - Christine@lrc.org.za

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