SABC saga I: When the politicians fail
Just when the political pressure on the SABC board and its boss Hlaudi Motsoeneng appeared to be intensifying this week, the valve was opened courtesy of the ANC, which deflected the issue – correctly, it must be said – to Parliament. Trouble is, notes Daily News, Parliament doesn't sit again until mid-August by which time the local government elections will be over and the SABC's censorship decisions will still be in place, providing ammunition for challenges to the elections outcome. And calls for the National Assembly's Communications Committee to reconvene to deal with the issue have so far fallen on deaf ears.
Interestingly, Communications Minister Faith Muthambi failed to pitch up for a meeting with the ANC leadership over the deepening crisis – but the ANC denies this was an act of defiance, although it wouldn't be the first time the Minister has defied the party, notes Daily News. Now that the matter will have to await the return of MPs to Parliament, Motsoeneng’s editorial decisions, disciplinary action against senior journalists opposed to the SABC’s ban on violent protests and other questionable decisions will remain, says a Business Day report. ANC secretary-general Gwede Mantashe said there was a ‘shareholder Ministry’ in charge of the SABC – referring to Muthambi’s department – as well as a committee in Parliament that dealt with it. The newspaer notes the DA Chief Whip John Steenhuisen said the party had twice written to the Speaker to call an emergency sitting of the National Assembly’s Communications Committee, and Council for the Advancement of the Constitution executive secretary Lawson Naidoo said they had also made a similar request. Naidoo said the failure by the broadcaster to make sure its coverage of news and election-related matters met constitutional requirements could result in a challenge to the outcome of the polls. The Southern African Catholic Bishops’ Conference (SACBC) has also urged Parliament to intervene. Polity quotes Bishop Abel Gabuza, chairperson of the SACBC Justice and Peace Commission, as saying 'this is a serious matter that requires urgent in tervention by the National Assembly. We urge the Portfolio Committee on Communications to demonstrate its oversight leadership'.’ He notes that if thing are allowed to continue as they are, 'people won’t trust the election outcome' However, Communications Committee chairperson Humphrey Maxegwana (ANC) said a meeting was out of the question, notes a Beeld report. He said Muthambi and MPs serving on the committee were simply not available. ‘They are involved with election projects.’
The ANC is sticking to Jackson Mthembu's statement on the matter. The party's Chief Whip in Parliament and head of its communications sub-committee made it clear early in the week that the ANC was opposed to censorship, which he labelled unconstitutional, at the national broadcaster. That is the party's official position, noted Mantashe, warning ANC structures not to make further comments on the matter. He said those whose statements were different from the party’s position were not speaking for the organisation, notes a BDlive report. Last week, the chairperson of Umkhonto weSizwe Military Veterans Association, Kebby Maphatsoe, who is also Deputy Defence Minister, made statements in support of the SABC and Motsoeneng. This was despite Mt hembu criticising the public broadcaster for its decision to ban footage of violent protests. ‘The NWC (national working committee) reaffirmed the correctness of the communications sub-committee position against any form of certain censorship being imposed at the SABC,’ said Mantashe. ‘The media charter of the ANC affirms the fundamental principles that the ANC will create an open society characterised by the free flow of information and culture of open debate within the context of a democratic Constitution and a Bill of Rights.’ Mantashe said the ANC welcomed Icasa’s order that the SABC withdraw its decision to ban footage of protests. ‘Matters relating to the corporate governance challenges in the institution and the high turnover of CEOs among others, will be receiving urgent attention,’ Mantashe added. ‘The ANC parliamentary caucus is also expected to give the SABC the requisite attention.’
The political pressure was ramped up early in the week by group of prominent foundations representing ‘illustrious South Africans’. The group, which includes Oliver and Adelaide Tambo, Desmond and Leah Tutu, Chief Albert Luthuli and Thabo Mbeki and calls itself The Foundations Initiative (TFI,) has urged President Jacob Zuma to set up a judicial commission of inquiry into the SABC to review and make recommendations concerning the public broadcaster's corporate governance systems, operations, adherence or otherwise to the Constitution, the Broadcasting Act, the SABC charter and all relevant labour legislation. According to a News24 report, it said that certain elements within the SABC have established a ‘deeply troubling practice’. TFI said the Public Protector and the courts have already made adverse findings against the Motsoeneng, which Muthambi and the SABC board have ignored. It said ‘elements within the SABC have established a deeply troubling practice of flouting corporate governance principles’, adding the SABC was stifling open debate and the free flow of information and ideas. ‘This threatens the very essence of our democracy.’
And it doesn't end there. The DA has urged Finance Minister Pravin Gordhan and the National Treasury not to extend a R1.5bn guarantee to the SABC‚ but instead place the public broadcaster under administration, according to a BDlive report. DA spokesperson on communications Phumzile Van Damme reportedly said reports that the SABC’s finances had deteriorated so badly it would be forced to approach the banks for a loan with a National Treasury guarantee‚ should ring serious alarm bells for Gordhan. ‘The SABC should not need bailing out – it could be profitable‚ like many broadcasters in SA are‚ if run properly‚’ Van Damme said. She said it was clear that under the tenure of Mot soeneng‚ CFO and Acting CEO James Aguma and Muthambi‚ the SABC was being run into the ground.
Motsoeneng is the perfect example of someone who considers himself to be above the law – what you get when politics trumps the law. This is the view of Stephen Grootes in an article on the Daily Maverick site. He writes: ‘There is simply no one with the balls to force him out of his job, because of the protection that he enjoys. Even the might of the ANC’s Communications Commission is not enough to unseat him. He only needs to know two things. That Faith Muthambi will back him. And that Zuma will back her. Nothing else matters. Not you, not me, not Icasa, not a judge, not the SCA. Nobody. Nada.’ Noting many people will say this situation has been a long time coming, given the huge legacy where people do not respect the l aw because of apartheid, he adds: ‘The problem is, we can actually pinpoint the exact date on when the situation changed. It wasn’t yesterday, it wasn't 1994. It was 6 April 2009, the date when the corruption charges were withdrawn against Zuma. It was this action, by Advocate Mokotedi Mpshe, himself a man of the law, that marked the change. After this date, we all knew, politics was bigger than the law. Put the right person in the right position, push hard, and out would pop the decision the President wanted.’ Grootes notes: ‘Actual judges of course were a different story. But then the key is simply to make sure cases don’t go to court. Hence the decision to appoint Advocate Menzi Simelane as the head of the NPA. And all the shenanigans since.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
