Icasa clarifies stance on the Mix 93.8 FM ownership dispute

The intertwined identities of two radio entertainment products may soon begin to untangle.

Listeners of Mix 93.8 FM noticed a change in their favourite radio station in the second week of December, prompting a frustrated shuffle of the frequency, feeling something was amiss.

Two parties have been arguing over the station’s fate, with the Independent Communications Authority of South Africa (Icasa) stepping in to break the impasse.

Switching of broadcasters

Icasa shut down the version of Mix 93.8 FM operated by Abigail Milosevic on 10 December, confiscating broadcasting equipment.

Accusations of a coordinated muscling out of Milosevic and everyone, including a lineup of beloved presenters associated with the brand, were levelled at a former station manager and colleague.

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An entity fronted by Kudzayi Tiribabi took control of the station, which has been broadcasting on the 93.8 FM frequency since the alleged hostile takeover.

Meanwhile, Milosevic’s Mix 93.8 FM took several weeks to regather themselves, kickstarting their broadcast online via streaming apps.

Compliance issues

In the eyes of Icasa, the seemingly overnight overhaul of the radio station was done lawfully.

“[Milosevic’s] entity was shut down due to non-compliance with licensing requirements as per the Electronic Communications Act (ECA),” said Icasa, responding to The Citizen via email on 8 January.

“The entity failed to produce a valid broadcasting licence. The ECA in section 7 is explicit insofar as there is a prohibition of provision of service without a licence,” Icasa added.

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In handing the frequency and station over to Tiribabi’s entity, Icasa said this iteration of Mix 93.8 FM had a valid broadcasting licence in line with the requirements of the ECA.

“The ECA in section 5(12) confers on the holder of a valid licence the privileges of broadcasting and subjects him or her to the obligations provided for in this Act and the specified licence,” Icasa clarified.

Seized equipment

Icasa stated that the equipment was lawfully seized in line with section 17G of the Icasa Act and section 32 of the ECA, which allows Icasa to hold the equipment until stipulations in the accompanying clauses are met.

The Icasa Act grants the regulator the power to search and seize the premises of broadcasters, while the ECA governs, among others, radio licencing.

“Radio apparatus seized under section 32 must be held by the authority at the cost of the person from whom it was seized until its possession is authorised in terms of section 31; or the matter is dealt with by a court of law,” stated Icasa, quoting the legislation.

Asked if the matter was being disputed, Icasa referred The Citizen to the last line of their explanation that references the courts.

Damages sought

Tiribabi did not take any of the opportunities given to him to comment on the situation, either in December or on 8 January.

However, correspondence from his legal representatives to The Citizen in December said that the matter was still subject to arbitration, as their client was seeking R3.2 million in damages from Milosevic.

Milosevic told The Citizen that she had had a good relationship with Icasa for 16 years and that she had been attempting to clarify the situation with them as early as April 2024, when the dispute over the station’s ownership began.

“The attorneys will still do what they have to do but I’m now just a consultant. I’m not a director, or in their eyes, sit on the board which I was removed from without my knowledge,” Milosevic said.

She confirmed that returning to the radio would be difficult without the equipment, adding that much of the equipment belonged to a third party and was on air at the time of Icasa’s seizure.

“I want the best for Mix FM, the loyal employees, clients and community, but that can’t be achieved while Icasa sit with the equipment,” Milosevic concluded.

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