Former ICASA CEO Jackie Manche is determined to go ahead with legal action against the ICT regulator and its chairman, Paris Mashile, if he does not retract and apologise for statements he made in the media.
The Independent Communications Authority of SA (ICASA) suspended Manche in November 2005, due to an alleged violation of the Public Finance Management Act, the ICASA Act and ICASA's policies and procedures. She resigned before the regulator's disciplinary action was completed.
At the time of her suspension, spokesman Jubie Matlou said ICASA was instituting a forensic investigation as a clear indication the authority would not tolerate any form of corruption, fraud, theft and improper conduct within its ranks.
An article published in national newspaper The Sunday Times, on 28 January, titled "Anarchist doesn't want to be fascist", quotes Mashile as saying the investigation had taken such a long time because her lawyer had played for time and the matter had been handed over to the police.
"The statements published were seriously, seriously defamatory and impact on my personal and professional reputations," Manche says.
A letter published in the same paper this weekend by Manche's lawyers, Ruth Edmonds Attorneys, disputes Mashile's comments, saying: "Firstly, the allegation [by Mashile] that [the lawyer of] our client, Jackie Manche, kept playing for time by 'frequently being unavailable' is incorrect and defamatory.
"The matter [of the internal investigation into allegations of misconduct by Manche] was delayed because ICASA was frequently unprepared to proceed on agreed dates.
"Our client took issue with this and the expense to which she was put and her continued suspension in the face of these delays, as a consequence thereof."
ICASA suspended Manche for 10 months, before reinstating her in September last year. Manche resigned at the end of December, after an effective three months in office.
She says her lawyer's letter was sent to ICASA late last week and she is still waiting for a reply.
Commenting on the length of her suspension and the delayed process, Manche says it seemed to be more of an issue of ICASA's own ineptitude rather than a deliberate tactic.
"The systems were just not working. For instance, the lawyer who was to represent ICASA at the hearings was only appointed two days before they commenced," she says.
An ICASA spokesman acknowledges the letter from Manche's lawyers was received, but could not indicate if the regulator would defend the statements or apologise for them.
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