DA’s Gauteng premier candidate, Mmusi Maimane. (YouTube)
Johannesburg - The DA insisted on Thursday that the SA
Police Service (SAPS) had waited too long to complain about the party's
"The law is clear, the regulations are clear... that
should be the end of this complaint," Nick Ferreira, for the Democratic
Alliance, told Icasa's complaints and compliance committee in Johannesburg.
"The law expressly demarcates the time period in hours...
Election adverts are urgent."
The Independent Communications Authority of SA's (Icasa)
committee was holding public hearings on the matter.
The 'Ayisafani' (It's not the same) advert shows the DA's
Gauteng premier candidate Mmusi Maimane standing in front of a mirror talking
about the current state of the country.
The police argue the part of the advert where Maimane says
"the police are killing our people" with images of a policeman
shooting at a person, would "invite violent acts against the members of
In terms of rules governing election advertisements, all
complaints should be lodged 48 hours after the advert was initially aired.
The DA said police were "hopelessly out of time"
to lodge a complaint because the advert was originally aired on 8 and 9 April.
William Mokhari, for the police, told the hearings that they
only became aware of the advert on 11 April and lodged a complaint on 20 April.
"We acknowledge that we are out of time, but we are not
hopelessly out of time," he said.
The advert was previously banned by the SABC after it was
flighted on 8 and 9 April. The public broadcaster said the advert incited
The DA laid a complaint with Icasa, after which a public
hearing was held on the matter. The DA and SABC came to an agreement on 16 April
and the broadcaster aired it again.
Ferreira told the hearings the police deliberately decided
not to take part in the initial hearings. After these hearings were resolved on
16 April and the advert was aired the same day, the police were required to
lodge a complaint by 18 April, said Ferreira. The police however lodged a
complaint some five days later, he said.
Mokhari said after the police became aware that the advert
was brought back, they took the necessary steps to protect their rights.
On 17 April, the SAPS wrote a letter to the SABC to inform
them of the intention to complain. He said the police and their lawyers worked
over the Easter long weekend to ensure the complaint was lodged quickly because
they "understood it was a matter that required urgent attention".
"It's a matter of great interest," he said.
"That we are out of time, we accept, but that we are
hopelessly out of time, we don't accept."
The commission adjourned until 14:00 for the committee to
decide whether it would accept the police's complaint.