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Business as usual !
Press Statement
1. The legality of call-back in South Africa is now before the Johannesburg High Court. The matter is sub judice and SACBA is therefore not in a position to comment on the merits and will not be in a position to do so until the High Court has finally pronounced on this matter.
2. In the meantime, SATRA's attorneys have written the following letter to SACBA's attorneys on Wednesday 12th August 1997 -
| "Dear Sirs,
SOUTH AFRICAN CALLBACK ASSOCIATION AND 10 OTHERS / SATRA 1. Regarding our earlier communications. 2. We refer to our client's notice concerning callback operations and the references to imposing penalties as from 1st September 1997. 3. We are authorised by our client to confirm that: a. Our client has no prosecutorial powers; b. Our client has never intended, nor does it intend, to impose any penalties on anyone contravening the provisions of Section 101 of Act 103 of 1996 without there being a conviction following criminal proceedings. Moreover, such imposition could not be by our client; c. Our client will not initiate any criminal prosecutions pending the final outcome of these proceedings and provided they are completed with due expedition. This must not be understood that should the Court find that callback operations are unlawful the applicants [SACBA and its members] will not be exposed to prosecution relative to this period; 4. On the basis that this is in order, you will postpone the matter tommorrow and the ordinary time-limits relating to the filing of affidavits and the like will prevail." |
3. The Chairman of SACBA, Gianfranco Cicogna stated that:-
3.1. the 1st September is no longer a deadline for anything. Call-back users can continue to use the service without having to worry about prosecution by SATRA;
3.2. the matter will now be determined by an impartial High Court judge rather than the Regulator which had apparently already determined the matter without recourse to the view of interested parties;
3.3. the industry now has clarity in regard to SATRA's limited powers in regard to the Ruling and SATRA's powers in general;
3.4. interested parties will now have the opportunity to be heard in the matter;
3.5. for the first time, representatives of SATRA and SACBA have agreed on a way forward for the call-back industry - albeit a determination of the High Court.
Ends
