By Kgomotso Mokoena
Johannesburg – The PSL is digging in its heels on the draft findings by the Independent Communications Authority of South Africa (Icasa), which seeks to end exclusivity in sports broadcasting.
The matter is now likely to end up in court.
The heavy artillery delegation, led by the league’s top brass Irvin Khoza and Kaizer Motaung, together with the high-powered legal ensemble comprising Schalk Burger SC, made a presentation in response to Icasa’s draft finding document last month.
Icasa will make its final ruling by March 31, and if there’s still an impasse, it will most likely exercise its rights and take the matter to the courts, according to a high-ranking PSL official.
According to the document presented by the PSL last month, the league representatives are adamant and clear that Icasa’s proposed regulation requires a substantial revision; that the telecommunications and broadcasting regulatory body has no jurisdiction and its recommended remedies are unlawful; and that there is no legal or factual basis for regulatory intervention.
In the document, the league’s primary concern with the proposed remedies relates to the substantial adverse impact that these are likely to have on the PSL and its stakeholders, including consumers of its content.
Chairman of the league Khoza is on record saying that the draft finding will kill South African football and that they may have to close shop.
The 2018 draft regulations are calling for non-exclusivity of sports broadcast rights.
The proposals would make sport to be of “national interest”, available to free-to-air and on a non-exclusive basis, something that will highly affect income and revenue streams of many sporting bodies.
The PSL official added that rugby and cricket associations presented the same message to Icasa.
“They [Icasa] are just litigating for nothing. There’s not a single wrong that the league did, everything is above board. There is no business if there’s no exclusivity. This will kill the league and local football. Everything is working perfectly – it’s like clockwork. Big matches such as cup finals and derbies are available to the public broadcaster. It may end up in the courts if need be because we are within our rights to fight and protect our business,” said the insider.
Icasa spokesperson Paseka Maleka said it is going through all the submissions to determine final findings.
He said the league was at liberty to take the matter to court.
“Icasa aims to conclude the process and publish the findings by no later than March 31. It is currently going through all the submissions made during the public hearings.
“Any of the parties that participated in this regulatory process is free to approach the courts if they feel the need to challenge the process undertaken by Icasa,” said Maleka.
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