Public broadcaster seeks licence amendments
SABC application opposed by rivals
September 27, 2004
By Thabiso Mochiko and Gugulakhe Masango
Johannesburg - A conflict is brewing between broadcasters over the "proper" interpretation of legislation relevant to the amendment of SABC licences to reflect its reorganisation.
The SABC urged the Independent Communications Authority of SA (Icasa) to amend its licences to reflect its obligations after reorganisation under the Independent Broadcasting Authority Act and Broadcasting Act.
But during the hearings free-to-air channel e.tv accused the SABC of asking the regulator to rubber-stamp its application.
Yfm, the Gauteng youth radio station, said the SABC's application in effect sought to allow the public broadcaster to regulate itself rather than being independently regulated under the law.
Primedia, M-Net, e.tv and the Media Monitoring Project called for Icasa to impose conditions on the SABC similar to those of other commercial stations.
Solly Mokoetle, the SABC's chief operating officer, said the broadcaster accounted through its board to its sole shareholder, the government, and the accusations by its competitors were "silly and short-sighted".
Malcolm Wallis, senior counsel for the SABC, said: "We are pleading for industry players and the regulator to look at the overall picture."
He said it was difficult to see how new and different obligations could be related to the reorganisation of the SABC. Wallis said the regulator should consider whether amendments to SABC licences reflected the new division of the SABC's operations.
The corporation said parties such as e.tv and M-Net should not go on a "fishing expedition" to seek discretionary obligations to be imposed on the SABC.
The SABC said these parties should stick to section 22(2) of the Broadcasting Act, which states the regulator is authorised to impose any appropriate licence conditions "which are necessary in order to reflect the reorganisation of the corporation".
The SABC will be reorganised into a commercial division consisting of SABC3 and radio stations 5FM, Metro FM and Good Hope FM. The public broadcasting division includes SABC1, SABC2 and 15 radio stations such as Umhlobo Wenene, Thobela, SAfm and Lotus.
Wallis said the regulator could approve the amendments if the SABC got it right, but if not, could ask the SABC to restart the process of amending its licences.
Peter Matlare, the chief executive of the SABC, said the broadcaster would inform the authority annually of what it could deliver on its mandate.
"We see these hearings not as a once-off event, but to get guidance from the authority to deliver on our mandate."
The hearings continue this week with the radio channels making their own presentations.
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