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Pule questions Sunday Times' agenda

Martin Czernowalow
By Martin Czernowalow, Contributor.
Johannesburg, 04 Mar 2013

Communications minister Dina Pule has hit out at a Sunday newspaper, after it published the latest allegations against her, this time accusing Pule of bullying broadcasters to accept a set-top box (STB) deal that would benefit her alleged boyfriend's business partner.

In a statement issued by the Department of Communications (DOC), Pule is said to be concerned that the Sunday Times appears to be engaged in a politically-motivated smear campaign that is "characterised by the newspaper throwing mud at her, in the hope that something would stick".

"The latest mud-throwing exercise is contained in the story that appears in the Sunday Times of 3 March 2013, headlined 'Pule's unlawful ruling swayed TV-signal deal'."

In the report, the Sunday Times claims the R100 million deal (related to the country's TV migration process), which was declared unlawful by a high court in December, was the result of a unilateral decision by Pule that a company called Nagravision would install the STB control system. The control system is required to encrypt the signal to prevent STBs from being stolen and resold outside of SA, as well as facilitate e-government communication.

The Sunday Times claims Pule's predecessor, the late Roy Padayachie, tasked the SABC and etv with selecting a company that would install the STB controls. In 2011, the broadcasters chose a company called NDS, based on a competitive bid and at a third of the price offered by rival bidder Nagravision, says the paper.

However, the DOC says the Sunday Times story contains facts that are misleading. "There is no TV-signal deal in SA in relation to the conditional access system for the set-top boxes that are required for the digital migration process that the country will be embarking on later this year.

"The set-top box conditional access system is a legal requirement that is contained in the Broadcast Digital Migration of 2010."

The ministry also denies NDS was picked to install the STB controls, and says the tender that was issued by the broadcasters to appoint a conditional access vendor expired without a decision being made.

'Untruthful'

"It is, therefore, untruthful for the Sunday Times to suggest that the broadcasters had chosen NDS as the vendor for the control system when the broadcasters never decided on their preferred supplier.

"In May 2012, nearly 14 months after Mr Padayachie's letter, the broadcasters had not appointed a vendor."

Subsequently, says the DOC, Pule wrote to the SABC in May to appoint state-owned signal distributor Sentech to administer the conditional access system in the government-subsidised STBs. "This decision was made to ensure that the state was able to protect the huge investment it is making in subsidising the poorest five million TV-owning households in SA.

"The Sunday Times inaccurately claims that Minister Pule appointed Nagravision to install the conditional access system. This is untrue. The letter refers only to the appointment of Sentech."

Pule's decision was challenged by etv in court and the South Gauteng High Court ruled in favour of all free-to-air broadcasters controlling the conditional access system, subject to the authority of the industry regulator.

"In January 2013, Minister Pule appealed the decision of the court and simultaneously pursued a negotiated agreement with all the parties concerned. The progress of the negotiations convinced Minister Pule to withdraw the appeal in February 2013.

"The broadcasters have indicated that they'll be in a position to advise the department of their decision during March 2013," says the DOC.

Digital Dzonga

The Sunday Times also claims Pule was conflicted in appointing Sentech, as she chaired the panel that appointed the Digital Dzonga.

"The Digital Dzonga had 15 members, most of whom worked in the sector. Does the Sunday Times suggest that there is a conflict of interest when it deals with these individuals?

"The department has, over a long time, partnered with different social partners to help it deliver ICT services to South Africans. It chose this route, because it wants to tap into the skills that reside within the sector to improve the quality of the lives of South Africans."

The DOC also lashed out at the Sunday Times for its repeated allegations of Pule's "improper" involvement in the ICT Indaba, without providing evidence of such. It points out that she is "cooperating fully with the Public Protector and Parliament's Joint Committee on Ethic and Members Interests in their work to look into these allegations".

Meanwhile, Democratic Alliance shadow minister of communications Marian Shinn says president Jacob Zuma has "no option but to remove [Pule] from Cabinet", based on the latest allegations made by the Sunday Times.

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