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The complaint alleged – on the basis of the report of the Sisulu Commission of Enquiry into allegations of blacklisting of commentators at the SABC – that the broadcaster was in violation of its licence conditions, the South African Constitution and the Broadcasting Act.
On 13 September, the SABC filed its substantive response, part of which questions the findings of fact as made by the commission. According to a press statement by the FXI, what the SABC has done in the response is to call into question the testimony given at the commission.
In order to deal with the issues raised by the SABC, the FXI needs to study the record of the proceedings of the Commission of Inquiry, continues the statement. Without this transcript, the FXI is unable to deal with the allegations made by the SABC. In any event the FXI is required to study the record to deal with the SABC's response on the merits.
The FXI has therefore submitted a formal application in terms of the ICASA Act for an order by ICASA to subpoena the transcript of the commission. Regardless of the outcome of such application, the FXI shall request a postponement of the hearing on the merits of the FXI's complaint in order to furnish a full reply to the relevant response filed by the SABC.