The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.
An allegation that Zikalala showed a Special Assignment programme to the Presidency prior to broadcast is especially grave, as it opens the SABC up to editorial influence in violation of the Act and its own code of editorial practice.
The FXI further argues in its complaint that the denial of the existence of a blacklist in June last year had misled the public — a violation of the Act, the SABC code of practice and Icasa’s code of conduct for broadcasters.
The complaint also points to possible violations of the freedom-of-expression clause found in the Constitution. These include an attempt to force the Mail & Guardian Online to remove a copy of the blacklisting report, and the alleged screening of the Special Assignment show to the Presidency.
Having not seen the complaint and not being an expert on Icasa (after reading the various acts governing Icasa’s work I felt like a first year law student at a Master’s seminar on Tax Law), I have no idea whether the complaint has any legal merit.
However, if even a fraction of the media reports about the shenanigans at Icasa are true, I would not hold my breath for a speedy resolution of the dispute. After all, according to his ex secretary, Paris Mashile the chair of Icasa, hardly ever did Icasa work and liked taking off his shoes and having a nap in his office.
Maybe Mr Mashile is a very hard worker and his ex-secretary was lying through her teeth about his work habits. But given the fact that Icasa is the institution that is supposed to regulate Telkom and thus is supposed to help bring down telecommunication prices, I can only say again: don’t hold your breath FXI.