POLITICAL NEWS - The Gauteng High Court has declared central parts of the Independent Communications Authority of South Africa’s (Icasa) election broadcasting regulations unconstitutional and unlawful.
The judgment creates a fast-track process for disputes over rejected political advertisements and party election broadcasts.
Complaints must be heard by Icasa’s Complaints and Compliance Committee within 48 hours, with a ruling issued within a further 12 hours.
If Icasa misses these deadlines, the broadcaster is required to air the rejected material.
The court also ruled that excluding members of the public and public-interest organisations from challenging the rejection of political broadcasts is unlawful and unconstitutional.
The case arose from long-standing concerns that broadcasters, including the SABC, had rejected political advertisements on grounds that limited free speech rights.
A similar challenge during the 2024 elections succeeded only after the relevant broadcasting window had closed.
Icasa has been ordered to amend the regulations. The court also awarded costs against Icasa and its chairperson.
The ruling is expected to strengthen protections for political expression, the fairness of elections, and voters’ access to campaign information by preventing delays that could silence material until after an election period ends.
Ashor Sarupen, chairperson of the DA's Federal Council, welcomed the high court ruling saying for years, the DA has faced broadcasters, particularly the SABC, rejecting the party’s political advertisements on spurious grounds.
“In the 2024 election, the DA successfully challenged the SABC refusing to air our advertisements, but the ruling came only after our opportunity to broadcast had passed, which rendered that victory for free speech practically meaningless.
“This judgment ensures that this cannot happen again,” Sarupen said.
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