The DA argued that the SABC, a public broadcasting service licensee under the Electronic Communications Act No. 36 of 2005 (ECA), unlawfully rejected the DA's political advertisement.
On 23 May 2024, the Independent Communications Authority of South Africa (Icasa) approved the Complaints and Compliance Committee's (CCC) recommendations concerning the urgent elections complaint lodged by Icasa's Licensing and Compliance Division.
On 10 May the DA filed the complaint against the SABC to the Icasa.
The complaint against the SABC was filed under regulation 6(6) of the National and Provincial Party Elections Broadcasts and Political Advertisement Regulations 2014 (as amended) (the Elections Regulations).
The complaint was referred to the Complaints and Compliance Committee (CCC) on 17 May 2024 for urgent adjudication as per the Chairperson's directives.
The complaint was investigated under section 17B(a) of the Icasa Act No. 13 of 2000, read with Regulation 6(7) of the Elections Regulations, and Regulation 6 of the Regulations Governing Aspects of the CCC 2010 (as amended).
Specifically, the CCC determined that the SABC contravened Sections 58(1) and 58(3) of the ECA read with Regulations 6(3), 6(5) and 6(9) of the Elections Regulations by refusing to broadcast the DA’s political advertisement without any lawful justification.
The CCC has recommended that the SABC be fined R500,000 for breaching the Regulations. The recommendation to the Authority, made under section 17E, took into account, the prejudice caused to the DA due to the SABC's refusal to air its political advertisements.
The CCC further recommended that the Authority:
The DA advertisement has elicited strong reactions, with the South African Human Rights Commission (HRC) condemned the burning of the South African flag.
