SABC bans DA advert

LAW ON ELECTION ADS IS CLEAR: DA LAWYER

The DA insisted on Thursday that the SA Police Service (SAPS) had waited too long to complain about the party's election advert.

"The law is clear, the regulations are clear... that should be the end of this complaint," Nick Ferreira, for the Democratic Alliance, told Icasa's complaints and compliance committee in Johannesburg.

"The law expressly demarcates the time period in hours... Election adverts are urgent."

The Independent Communications Authority of SA's (Icasa) committee was holding public hearings on the matter.

The 'Ayisafani' (It's not the same) advert shows the DA's Gauteng premier candidate Mmusi Maimane standing in front of a mirror talking about the current state of the country.

The police argue the part of the advert where Maimane says "the police are killing our people" with images of a policeman shooting at a person, would "invite violent acts against the members of the SAPS".

In terms of rules governing election advertisements, all complaints should be lodged 48 hours after the advert was initially aired.

The DA said police were "hopelessly out of time" to lodge a complaint because the advert was originally aired on April 8 and 9.

William Mokhari, for the police, told the hearings that they only became aware of the advert on April 11 and lodged a complaint on April 20.

The advert was previously banned by the SABC after it was flighted on April 8 and 9. The public broadcaster said the advert incited violence.

The DA laid a complaint with Icasa, after which a public hearing was held on the matter. The DA and SABC came to an agreement on April 16 and the broadcaster aired it again.

Ferreira told the hearings the police deliberately decided not to take part in the initial hearings. After these hearings were resolved on April 16 and the advert was aired the same day, the police were required to lodge a complaint by April 18, said Ferreira. The police however lodged a complaint some five days later, he said.

The commission adjourned until 2pm for the committee to decide whether it would accept the police's complaint.


Source : Sapa /dm/hdw/lp/th
Date : 24 Apr 2014 12:41
 
SAPS NOT 'HOPELESSLY OUT OF TIME': ADVOCATE

The SA Police Service (SAPS) is out of time to complain against the DA's election advertisement, but not hopelessly so, Icasa's complaints and compliance committee heard on Thursday morning.

"We acknowledge that we are out of time, but we are not hopelessly out of time," advocate William Mokhari, for the police, said at a public hearing at the Independent Communications Authority of SA's offices in Johannesburg.

The Democratic Alliance said in its papers objecting to the complaint that the police were hopelessly out of time to lodge a complaint. In terms of the rules governing election advertisements, all complaints should be lodged within 48 hours after the advert was initially aired.

The advert was taken off the air by the SABC after it was flighted on April 8 and 9. The public broadcaster said it incited violence.

The DA challenged the decision with Icasa and it was aired again.

The police then objected as well. They argue the part of the advertisement where the DA's Gauteng premier candidate Mmusi Maimane says "the police are killing our people" accompanied by images of a policeman shooting at a person, would "invite violent acts against the members of the SAPS".

The 'Ayisafani' (It's not the same) advertisement shows Maimane standing in front of a mirror talking about the current state of the country.

Mokhari said the police only became aware of it on April 11 and did not see it when it originally aired. When the police heard it was taken off air, they let the Icasa hearings take place.

The DA and SABC came to an agreement on April 16 and the advert was aired again. Mokhari said that was when the police took action and consulted their lawyers. The SAPS lodged a complaint on April 20.

Mokhari said after the police became aware that the advert was brought back, they took the necessary steps to protect their rights.

On April 17, the SAPS wrote a letter to the SABC to inform them of the intention to complain. He said the police and their lawyers worked over the Easter long weekend to ensure the complaint was lodged quickly because they "understood it was a matter that required urgent attention".

"It's a matter of great interest," he said.

"That we are out of time, we accept, but that we are hopelessly out of time, we don't accept."

The hearings continue.


Source : Sapa /dm/gm/jje/lp/th
Date : 24 Apr 2014 12:11
 
SAPS complaint is hopelessly out of time. It is interesting that the DA is using the time argument.

SAPS are barking on the wrong tree frankly and need to take the matter up with the courts.
 
KEEP COPS OUT OF POLITICS: LAWYER

The SA Police Service (SAPS) should not be drawn into politics because it is a statutory institution, Icasa's complaints and compliance committee heard on Thursday.

"Police... can't be drawn into politics in terms of electioneering," William Mokhari, for the police, told the hearings in Johannesburg.

"[The police] is lumped together with criticism in an advertisement against a political party... It is not an isolated statement."

The Independent Communications Authority of SA's committee was hearing a complaint lodged by the police against a Democratic Alliance election advert.

The SAPS contends the advert incites violence against the police. Mokhari said people would see the police as serving the agenda of a political party. People would also see the police force as a "killer".

"When members of the public see the police perform their duties, then the public will see the killers of people," he said.

He said this would lead to people not obeying police.

"Because there is no reason for you to obey the killers."

Mokhari told the hearings that police should get the same respect as other institutions, like the public protector and the Electoral Commission of SA.

Adverts should not attack the integrity of state institutions, he said.

He said the police would be at every voting station on May 7 and people might be afraid of the "killers".

"How is the electorate supposed to react? People will think they are here to kill us."

Before he started, he asked for the advert to be played. Mokhari said it shows a "police officer pointing a gun at somebody who is unarmed" and has no context.

The "Ayisafani" (It's not the same) advert shows the DA's Gauteng premier candidate Mmusi Maimane standing in front of a mirror talking about the current state of the country.

Mokhari argued that the part of the advert where Maimane says "the police are killing our people" with images of a policeman shooting at a person, would "inflame members of the public against the police".

The advert was previously banned by the SABC after it was flighted on April 8 and 9. The public broadcaster said the advert incited violence.

The DA laid a complaint with Icasa, and a public hearing was held. The DA and SABC came to an agreement on April 16 after which the broadcaster again aired the advert.

The hearing continues.


Source : Sapa /dm/hdw/lp/th
Date : 24 Apr 2014 15:40
 
ICASA UPHOLDS SAPS COMPLAINT

A complaint by the SAPS regarding a DA election advert that contains a photo of a police officer shooting rubber bullets, was upheld by the Independent Communications Authority of SA said on Friday.

"The election period tends to bring about a lot of volatility. The police should not be seen as a threat to the community," chairman of Icasa's complaints and compliance committee Wandile Tutani said in Johannesburg.

"The offending part of the advert [must] be excised. That is our decision."

The Democratic Alliance's Gauteng premier candidate Mmusi Maimane, who was present at the ruling, disagreed, stating it was not right that conversation and commentary be restrained.

"It's an injustice and in fact we will be taking this decision under review at the high court."

On Thursday, the committee heard a complaint by the police against the DA's election advert. The SA Police Service contended the advert would incite violence against the police.

The televised advert shows Maimane standing in front of a mirror talking about the current state of the country. At one point he states that "the police are killing our people". This is accompanied by a photo of a police officer firing rubber bullets at two unarmed people.

Nick Ferreira, for the DA, told the committee on Thursday that the photograph was authentic and taken in Bekkersdal, Westonaria, in March.

The DA argued the advertisement was a form of political criticism aimed at the current government.

"Look at what those in power have allowed the police service to become," Ferreira said.

"[The current national government] allowed the police service to become brutal and violent. It has allowed for an upsurge in police brutality."

There were no closing arguments as the commission, the DA and SAPS decided these would be submitted in writing by 3pm on Friday.

The commission watched additional footage the DA provided, describing them as examples of police brutality.

The police argued that Maimane's statement in the advert would "invite violent acts against the members of the SAPS".

William Mokhari, for the police, said the DA would suffer no harm if it removed the photo and Maimane's line. He said it was important for the committee to consider how people would interpret the DA's message.

Maimane's statement would "inflame members of the public against the police", he told the hearing.

The advert was previously banned by the SABC after it was flighted on April 8 and 9. The public broadcaster said it incited violence.

The DA laid a complaint with Icasa, and a public hearing was held. The DA and SABC came to an agreement on April 16 after which the broadcaster again aired the advert.


Source : Sapa /aw/fg/th
Date : 25 Apr 2014 19:26
 
interesting, I think the CCC is on shaky legal grounds due to SAPS being horribly out of time and the fact that SAPS are seeking to restrain speech rather than to hold the DA to the regulations (and a fine)
 
interesting, I think the CCC is on shaky legal grounds due to SAPS being horribly out of time and the fact that SAPS are seeking to restrain speech rather than to hold the DA to the regulations (and a fine)

Or press criminal charges.

Again, we came from a past where resources of the state were used to protect a certain political ideology. What has changed in that respect? Nothing? In fact it's worse. It's akin to non-whites having had the vote back then but voted Nat anyway.
 
This whole thing is gaining more interest than they could possibly have hoped for.
[video=youtube;SDxQQMTW1Z4]http://www.youtube.com/watch?v=SDxQQMTW1Z4[/video]
 
A complaint by the SAPS regarding a DA election advert that contains a photo of a police officer shooting rubber bullets, was upheld by the Independent Communications Authority of SA said on Friday.

"The election period tends to bring about a lot of volatility. The police should not be seen as a threat to the community," chairman of Icasa's complaints and compliance committee Wandile Tutani said in Johannesburg.

idiot!!

what's about ........ this?

[video=youtube;YbenAJv2xco]https://www.youtube.com/watch?v=YbenAJv2xco[/video]
 
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