ADVICE TO COUNCIL AS TO AN ORDER

 

Council is, with respect, advised to issue the following order in terms of section 17E(2)(c) of the ICASA Act:

 

• Breakthrough Communications must hold at least one public meeting with its adult listeners before 16 March 2019. And, in any case, at least twice per financial year.

• The date, time of commencement and location of the meeting must be broadcast between 08:00 and 12:00 for twenty days before the day of the meeting and the meeting must be held in Hermanus (the licensee paying for the venue) on a Saturday afternoon and the Compliance Officer from ICASA must also be invited to this meeting — as is the case, with other meetings of the community or the licensee.

• In so far as the agenda is concerned:

 

1. The Board of Breakthrough Communications must, with the approval of the ICASA Liaison Officer, appoint a Chair for a meeting with the community and he or she will call the meeting and determine an Agenda for the meeting, which may be added to with his or her permission at the first meeting.
    

2. The Board of the Company (the licensee) must have at least one representative at the meeting.
    

3. Most prominently, the following must be on the agenda and placed on the website of the Radio Station and referred to in the broadcast:

   • That a Community Committee of six adult community members be elected for a term of two years.

   • That the Community Committee, from their number, elect a Chairperson of the Committee.

   • That the Community Committee, after consultation with the full time staff and the Board of the licensee, in a spirit of co-operation, review the policies of the radio station within the ambit of the applicable law.

   • That the policy be conveyed to the Board of Directors and be regarded as the Broadcasting Policy of Whale Coast FM.

   • That employees of the radio station remain in the employ of the Licensee, subject to their contracts.

   • That the Committee remain in office for a term of two years and may be re-elected at a Community meeting.
      

4. A full report must be filed by the licensee with ICASA before 30 April 2019.
    

5. A further meeting by the licensee with the community must be held before the end of July 2019. As required two meetings per financial year must be held with the listeners and a report of each meeting must be filed with ICASA via the Compliance Officer. ICASA’s Compliance Officer for the Station must also be invited to the above meetings of the Community and Committee referred to.
    

6. The Committee elected must call the community meetings and the radio Station must advertise such meetings for 10 days before the meeting at the request of the Committee.
    

7. Two meetings with the community per financial year must be held and the Board of Directors of the licensee must be invited to attend.
    

8. Minutes of all meetings must be kept and copied to the ICASA liaison officer.
    

9. The Board of Directors of the Licensee must also, at its 2018 Annual General Meeting, appoint a further three directors, after consultation with the said community committee.

 

 

JCW VAN ROOYEN SC

30 October 2018