ICASA dismisses FXI subpoena application
The Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (ICASA) dismissed an application by the Freedom of Expression Institute (FXI) yesterday, Thursday, 25 October 2007, to subpoena the transcript of the record of proceedings of the Commission of Inquiry Into Blacklisting and Related Matters.
The CCC ordered further that neither the FXI nor the SABC may refer to the record of proceedings at the commission or the final report of the commission. The CCC postponed the hearing of the FXI's complaint against the SABC to a date to be determined.
The FXI said in a press statement that it is disappointed at this decision, “which effectively denies the right of all South Africans to an explanation by the SABC as to what it has done to address the concerns of blacklisting and other abuses exposed in the damning findings of the Commission.
“The FXI nevertheless maintains that the SABC was in violation of its licence conditions, the South African Constitution and the Broadcasting Act in failing to act in terms of the recommendations of its own Commission.
“The FXI is shocked that the SABC now rejects the recommendations of its own Commission of Inquiry and calls into question the substance and procedure of the Commission.”
The statement concludes, “In order to deal with these issues raised by the SABC, the FXI is required to study the Commission record and report. Without such transcript, the FXI is unable to deal with the SABC's response. The FXI will seek the CCC's written reasons for its decision today and consider its legal options thereafter.”
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