Arbitrator rules in favour of SABC
Earlier this week, the arbitrator in the SABC/PSL dispute issued a judgement or determination on the SABC's application to amend the ambit of the dispute to include the question that the PSL has been negotiating in bad faith. The PSL opposed the application and legal argument was conducted on 28 May 2007 and judgement was reserved.
The arbitrator has now made a ruling in favour of allowing the SABC's amendment. It was the SABC's contention that any prejudice that the PSL could suffer by the insertion of the amendment could be cured by an appropriate cost order and accordingly the arbitrator has agreed and ordered the SABC to pay the PSL's cost for the opposed amendment application. e.tv was ordered to pay its own costs..
Happy with ruling
“The SABC is obviously happy with the ruling in so far as it will now enable the arbitrator to canvass fully the actions and motives of the PSL in this dispute,” said Dali Mpofu, SABC group CEO.
One of the likely implications of this ruling is that the arbitrator will take longer than originally anticipated. The court interdict, which was granted in favour of the SABC on 5 April, barring the PSL from issuing a tender invitation while the arbitrator was in process, expired on 25 Ma. After that date the PSL was therefore able and did re-issue the invitation.
It is still the SABC's strong contention that the PSL should await the outcome of the arbitration. According to a press statement, “To do otherwise will only serve to convince us of their bad faith but also may draw in innocent parties into the mainstream of the dispute. Should the SABC be successful in the arbitration, which we are confident of, then any on-going negotiations or ‘deal' struck between anyone and the PSL may be reversed or nullified. This we will ensure. Any party which engages in disputed dealings with the PSL whilst the arbitration process is in motion, must do so with its eyes open to the inherent risks of doing so.”
Negotiating table
The SABC persists in its belief that this matter will not be resolved through the courts or arbitrations, but eventually around the negotiating table, and that both sides need to demonstrate the necessary leadership and think about the public interest as one of the driving factors in the resolution of this dispute.
“We continue to have full confidence in the leadership on both sides and wish to assure the football loving public that the SABC will leave no stone unturned and will fearlessly defend the public's right to participate in football in their millions and in their own languages. At the same time we will ensure that the league and the clubs are sufficiently resourced in order to effect the long-awaited improvements on the quality of the product,” Mpofu said.
