Synopsis:
Application for the confirmation of findings of constitutional invalidity of certain provisions of the now repealed Independent Broadcasting Act (IBA Act) and the corresponding provisions of the Independent Communications Act of South Africa. Regulations and procedures made in terms of the IBA Act had also been declared unconstitutional. The main challenge to these provisions was that they conferred investigative, prosecutorial and adjudicative powers on the Broadcasting Monitoring and Complaints Committee and its successor the Complaints and Compliance Committee contrary to s. 33, s. 34 and s. 192 of the Constitution. It was held that there was nothing impermissible in the conferral of these powers as the legislative scheme provided for fairness, independence and impartiality. The Court declined the confirmation of invalidity and upheld the appeals against the findings of invalidity of the regulations and procedures. Majority: Mpati AJ (unanimous).
