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SPEECH BY THE MINISTER FOR POSTS, TELECOMMUNICATIONS & BROADCASTING, JAY NAIDOO, ON THE OCCASION OF THE INTRODUCTION OF AMENDMENTS TO THE BROADCASTING BILL, 17 March 1999

Madam Speaker,
Honourable members,

The Broadcasting Bill that this House debated at length last year embodies Government's policy to permanently free the airwaves, and to ensure that the legacy we bequeath to the next generation will ensure the accountability, independence, access and diversity of the broadcasting media in our country.

The Bill took 18 months of discussion, consultation and balancing of viewpoints from a broad grouping of stakeholders and interest groups to finalise.

In referring the Bill back to this House, President Mandela made it clear he is satisfied the Bill does not infringe the Bill of Rights set out in the Constitution. He indicated that a review of two clauses was recommended in order to put the Bill on the firmest constitutional foundation.

His particular concern was that the formulation of 40(1)(a) was too open-ended, giving the Minister the power to regulate on matters that may fall within the functions of the IBA. The amendment in respect of this section that I am tabling today directs the Minister to draw regulations specifically in terms of what The Broadcasting Bill prescribes.

Regarding section 13(A) of the Bill, the amendment being tabled specifically empowers the Minister to only deal with matters that fall outside the jurisdiction of the IBA. Further more the Minister may only give directives to the IBA to institute investigations or inquiries if funds are appropriated to the IBA for that purpose

A new provision in the Bill allows the Minister to issue policy directives to the IBA regarding the radio frequency spectrum, international treaties as long as they are consistent with the objects mentioned in section (2) of the Broadcasting Bill. Further, it provides that no directive may be issued regarding the preserve of the IBA to grant, amend, suspend or revoke a broadcasting licence.

I ask that you vote to approve these amendments.

Thank you

<EOD>

 
 

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Last Modified: Thu, 17 Jun 2004 18:15:36 SAST