A group that has installed itself as the leadership of Soweto-based community radio station Jozi FM is refusing to hold an Annual General Meeting (AGM) to formally elect a board of directors.
This follows ICASA’s rejection of the group’s claim that it had removed the station’s properly constituted board and replaced it with a new one.
Without providing supporting evidence, the group’s lawyer, Brian Dile, claims that ICASA’s insistence on a properly constituted AGM is unlawful.
“I’m saying to you, I’m not sure if the people who are actually responsible for drafting those terms of reference probably had legal advice, or wrong legal advice, or maybe they never even consulted someone who’s legally trained. But you don’t have to be legally trained, again, without getting into the nitty-gritty. On the face of it, it says an employee — let’s say, for example, a secretary — must fire the manager for the method to move forward,” said Dile, suggesting that ICASA did not properly understand the matter.
“And again, it raises serious questions in terms of whoever was responsible for those terms of reference. So, in a nutshell, those terms of reference are actually unlawful,” he said.
“I’m trying to be diplomatic here, but it is legal hogwash, because how can the CEO go to CITC, remove the directors that were appointed by the shareholders, in order for an AGM to be called? It doesn’t make sense,” said the lawyer.
As the standoff continues, the self-appointed group claims to be in charge, while the legitimate board is physically barred from entering the station.
Legally, a High Court order currently bars the group from calling themselves directors or a board, or from purporting to represent the station in any other capacity.
ICASA has also rejected the purported removal of the board led by veteran broadcaster Rapetsi Montsho and ordered that a properly constituted AGM be held.
The group has dismissed the directive. Dile said the High Court erred in its ruling and vowed to appeal.
“And clearly, ICASA cannot be allowed to actually do something which is clearly unlawful. And that’s where we actually are coming from. We’re not fighting with ICASA without any basis,” said Dile.
The lawyer cited costs as one of the reasons for refusing to hold an AGM. He also claimed that holding the meeting would serve little purpose because the same individuals rejected by ICASA would likely be elected again.
“They actually outrightly, without even looking into the process and questioning it rationally, said, no, outrightly, we’re not recognising the board. And that’s where the problems are. Because according to them, they’re actually recognising the board that was not chosen by the members.”
