The Gauteng High Court, Johannesburg, case between former president Jacob Zuma and the MK Party against the SABC was on Tuesday postponed to Thursday after the public broadcaster filed its court papers late on Monday.
Zuma and the MK Party want to stop the SABC from using the phrase “Government of National Unity” saying it was unlawful and unconstitutional.
The case was filed on an urgent basis last month was moved to Thursday after a brief appearance by the legal representatives of the party, Advocate Dali Mpofu, who requested a postponement to further study the contents of the public broadcaster’s answering affidavit as well as time to file the heads of argument accordingly.
In its papers, the SABC wants the high court to dismiss the case as a waste and abuse of court processes saying the party has failed to exhaust internal processes.
“In the event that the court considers that the ‘impugned decision’ is administrative action as defined in PAJA, the applicants have another problem: the have not complied with section 7 of PAJA, which requires the applicants to exhaust internal remedies: no court or tribunal shall review administrative action in terms of this Act unless any internal remedy provided for any of the law has first been exhausted,” the public broadcaster says in their documents before the court.
The SABC contends that the party has failed to make use of the internal processes as stipulated in the SA Free-to-Air Code of Conduct for broadcasters under the Icasa Act.
“The internal remedies in this case are stipulated in the Free-to-Air Code of Conduct for Broadcasters and the Icasa Act. The matter may be referred to the Complaints and Compliance Committee (CCC) of the Independent Communications Authority of SA (ICASA) in terms of Section 17C of the Icasa Act.
“The applicants can also file a complaint with the SABC’s editors for internal adjudication and decision. If they are unsatisfied with the SABC’s decision, they must approach the Broadcasting Commission of South Africa (BCCSA),” the public broadcaster says.
In a statement, the party said the SABC should refrain from serving as a conduit of the GNU led by the DA as this undermines and misrepresents the integrity of its mandate as a public broadcaster.
“The DA federal chairperson, Helen Zille, has acknowledged this coalition as a partnership between the DA and the ANC rather than a genuine ‘Government of National Unity’, revealing the nature of this agreement.
“The SABC must uphold its duty to accurately represent political alliances without serving as a mouthpiece to partisan agendas.
“Despite the MK Party’s request for an opposing affidavit, the SABC has not responded, reinforcing the need for the court to grant the relief sought by the MK Party,” the party said.
The Star