Legal and the Complaints and Compliance Committee (CCC)
Legal and the Complaints and Compliance Committee (CCC) provide support to ICASA in a host of litigation matters, the drafting and review of ICASA regulations and other regulatory documents, as well as providing legal advice and support to the various departments within ICASA.
Litigation Matters
The following litigation matters were pending as at March 2011:
Deukom v ICASA
Applicant instituted review proceedings against ICASA’s decision to refuse it a subscription broadcasting licence. The matter has been pending due to the fact that Deukom have not filed their Affidavit despite ICASA Attorneys having engaged them on numerous occasions.
Progress to date: Set down for week of 4 October 2011, South Gauteng High Court.
Islamic Unity Convention v ICASA
Islamic Unity Convention (IUC) is applying at court for an order setting aside a decision by the broadcasting Monitoring and Complaints Committee (BMCC) and subsequently ICASA and to interdict ICASA and CCC from investigating and adjudicating Jewish board of Deputies (SAJBOD’s) complaint against them.
June 1998 – Jewish board of Deputies (SAJBOD) lodged a complaint against IUC broadcasting as Radio 786, several applications followed which ended up ultimately at the Constitutional Court, who held that the BMCC must adjudicate the matter;
13 – 17 March 2006 – scheduled hearings by BMCC;
6 March 2006 – urgent application by IUC heard by the Witwatersrand Local Division of the High Court for an interdict to have the hearings scheduled for 13 – 17 March postponed (this application was dismissed with costs on 9 March 2006); Subsequently IUC filed an application for leave to appeal to the Constitutional Court;
The BMCC hearing proceeded as scheduled and IUC walked out of the hearing. The BMCC then on 12 May 2006 made known their decision that they found IUC guilty of the allegations against them by SAJBOD;
IUC launched an application against the decision of the BMCC in the Cape of Good Hope Division of the High Court on 14 January 2007; and
This matter was set down for trial on 9 and 10 May 2011.
Progress to date: Set down for hearing on 9 and 10 May 2011 in Cape Town High Court.
NAFCOC v ICASA
NAFCOC instituted review proceedings against ICASA following the promulgation of the DTT Regulations. The matter has been pending for some time because NAFCOC has not filed their Supplementary Affidavit as required by the Court rules.
Progress to date: The parties are engaging in settlement negotiations regarding the way forward in this matter.
Telkom v ICASA
This is a review application in terms whereof Telkom seeks to review and set aside the publication of the licence fees regulations in Government Gazette 32084 of 1 April 2009. Telkom have not filed their Replying Affidavit despite ICASA Attorneys having engaged them on numerous occasions.
Progress to date: The parties are engaging in settlement negotiations.
Pending CCC Matters
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Parties in Dispute |
Nature of Dispute |
Action |
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Phuthuma Networks v Telkom
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Phuthuma Networks (Pty) Ltd filed a complaint and alleged that Network Telex is not in possession of either an ECS or an ECNS licence to provide the Maritime services, telegram services, supply of Customer Premises Equipment on behalf of Telkom SA.
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The matter will be heard on 28 and 29 March 2011 |
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Platitel v Dira Ka Thata
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On 25 August 2010 Platitel (Pty) Limited lodged a complaint to the effect that Dira Ka Thata Computers (Pty) Limited (DKT)’s traffic terminated on DKT from Platitel was artificially generated traffic.
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The matter was heard by CCC on 7 December 2010. The CCC ordered that ICASA appoints inspectors to carry out an investigation whether indeed the traffic from DKT was artificially generated. Postponed indefinitely. |
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Mogafe v Vodacom
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The matter was brought before the CCC for failure on the part of the licensee to submit audited financial statements as requested by ICASA.
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The matter was heard on 6 December 2010 and was further heard on 10-16 March 2011. Postponed to 6–10 June 2011 |
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ICASA v YODATA (PTY) LTD
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Unlabelled electronic communications equipment was provided by Yodata Electronics (Pty) Ltd to Massmart from where it was seized by ICASA inspectors in December 2008.
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The matter will be heard on 15-16 April 2011. |
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FXI v SABC
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On 24 January 2011 the South Gauteng High Court ruled that the CCC reconsider the complaint lodged by FXI against the SABC for allegedly blacklisting certain
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Awaiting allocation of a date |
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ICASA v Vertel Investments (Pty) Ltd
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Various allegations against Vertel
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Awaiting allocation of a date |
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ICASA v Brians Electrical Contractors
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Various allegations against Brians
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Awaiting allocation of a date |
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ICASA v Radio Trunk
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Various allegations against Radio Trunk for contravening sections 31;32;35 of the ECA
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Awaiting allocation of a date |
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ICASA v ADT
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Various allegations against ADT for
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Awaiting allocation of a date |
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ICASA v Imbokodo Community Radio
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The ICASA Council sanctioned Imbokodo in January 2010 to pay R42 000 by July 2010.
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Awaiting allocation of a date |
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ICASA v Electro Instruments Mining
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Various allegations against Electro
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Awaiting allocation of a date |
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ICASA v Nkqubela Community Radio
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The ICASA Council sanctioned Nkqubela Community Radio in January 2010 to pay R12 000 by July 2010. Compliance Unit has filed a charge sheet with CCC to adjudicate the matter on the basis that to date the licensee has
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Awaiting allocation of a date |
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ICASA v Mosupatsela Community Radio
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The Licensing and Compliance Division of ICASA has filed charges against Mosupatsela Community Radio for failure to hold an AGM
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Awaiting allocation of a date |