Western Cape Premier and DA leader Helen Zille. Picture: TREVOR SAMSON
Western Cape Premier and DA leader Helen Zille. Picture: TREVOR SAMSON

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IN AN effort to stave off a high court challenge, the Independent Communications Authority of South Africa (Icasa) has decided to hold public hearings on the SABC’s blocking of Democratic Alliance (DA) TV and radio adverts.

Instead of holding the public hearings later this week as intended by the authority’s compliance and complaints committee, they will now be held on Tuesday evening at its Johannesburg head office.

On Tuesday morning, the DA had said it was filing an urgent application with the High Court in Johannesburg to have Icasa’s complaints and compliance committee deliver a determination on the adverts by 5pm on Thursday April 17.

DA leader Helen Zille said in a press briefing that the SABC’s actions were a matter of censorship as the campaign was beginning to hurt the ruling African National Congress (ANC) in the election polls.

"The ANC do internal polling just as we do and they saw the effects of the ads over the four to five days they were aired," she said.

The SABC said it would no longer air the TV advert called "Ayisafani" because it incited violence against the police, was contrary to the Advertising Standards Authority’s code of conduct and was a personal attack on President Jacob Zuma.

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Ms Zille said the Advertising Standards Authority Code explicitly says it does not apply to political advertising. SABC news regularly carried stories about police violence such as that reported during recent protests in the North West province. She also said Mr Zuma was a legitimate target of an election campaign and that the public protector had found that R246m of taxpayers’ money spent on Nkandla was common cause.



According to Ms Zille, her party laid the complaint with Icasa on Saturday April 11, which meant it should have made a determination by Monday afternoon.

She said her party had decided to be flexible on the deadline as the complaint was laid on a weekend.

However, according to Ms Zille, Icasa said it could not conduct public hearings on either Tuesday or Wednesday because it was unable to form a quorum and that even though it would hold the hearings on Thursday, it could not give an assurance that a determination could be made on that day. This statement had prompted the DA to decide on court action, she said.

Icasa spokesman Paseka Maleka insisted that the authority had followed its own 48-hour rule.

"The authority would like to make it clear that in referring the matter to the (complaints and compliance committee) on an urgent basis, it acted within the 48-hour timelines as required by the elections regulations," he said.

Mr Maleka said following engagement with the parties, Icasa decided to refer the matter to the committee on an urgent basis for adjudication.

The committee — established in terms of the Icasa Act — is an independent statutory body empowered to adjudicate and hear if appropriate, and make a finding on all matters referred to it, not only by the authority but also by the public.

Ms Zille said her party wanted a determination on the adverts before the coming long weekend in order to gain as much exposure as possible if the determination goes in the DA’s favour.