by Thinus Ferreira
Today marks exactly four months of the unstable South African public broadcaster having no board, with public pressure groups saying they're preparing to go to court over the illegal move by the minister of communications, Khumbudzo Ntshavheni, to appoint SABC CEO Madoda Mxakwe to act as if he's the SABC board.
The former SABC board's term expired on 15 October 2022, with no replacement board in place.
It follows after politicians serving on parliament's portfolio committee on communications waited too late to start the public process to interview for new board candidates, after which president Cyril Ramaphosa failed since December 2022 to rubberstamp the list of 12 names put forth by parliament excluding two contentious names involved in conflict of interests.
According to Khumbudzo Ntshavheni, Madoda Mxakwe has suddenly been "designated by the minister of communications and digital technologies with the concurrence of the minister of finance as the board of the SABC" - a shocking move that the SOS Coalition and Media Monitoring Africa (MMA) say they're "deeply concerned" about.
Uyanda Siyotula, SOS Coalition coordinator, says in a statement the "SOS Coalition and MMA believe the decision is unlawful and that the two ministers exceeded their powers".
"On a simple basis of good governance, it cannot surely be legitimate for one individual to be given board powers and make decisions that otherwise require 15 members of which 12 are non-executive members."
"The minister's assertion that the CEO is the board is at odds with even the most rudimentary elements of governing the SABC."
"It is the failure by parliament to fulfill its mandate in a timeous manner coupled with the president's failure to act swiftly to appoint the SABC board that has resulted in us being in a scenario where we now must contend with the absurdity of a CEO being the SABC board."
"The public was not informed of the decision when it was taken and its basis which raises further questions about the decision. The lack of transparency gives credence to rumoured political interference and orchestrated delay tactics in appointing the board," the SOS Coalition and MMA say.
According to them "there is currently no accountability and no oversight at the SABC because the current gimmicks do not amount to adequate governance".
"We know of at least two key decisions that have been taken in the absence of the SABC board. These include; a submission pertaining to the Analogue Switch Off (ASO) date due to the ministry on 27 January 2023. It is not clear who made the submission and on what basis it can be an SABC position when there was no Board."
"The public then learned of the launch of a 24-hour news channel in January 2023."
"Who oversees the implementation of the activities? Who is SABC management accountable to? Are the decisions being taken based on resolutions of the previous board and are they being implemented accordingly without deviation?"
According to Uyanda Siyotula the Broadcasting Act 13(13) doesn't make any provision for SABC executives to be appointed in the absence of the SABC board.
"Thus, we believe the appointment of the SABC CEO as the accounting authority is illegal and a breach of the Broadcasting Act."
"Seven weeks have passed since the president received the recommended names on 20 December 2022. We ask that the president proceeds to make appointments of the 10 candidates that aren't implicated as the board would still quorate."
"It is unacceptable to have the SABC be without a board for more than 16 weeks. The vacuum created by the absence of a board is causing further damage and deepening an entirely preventable crisis. SOS and MMA demand the urgent appointment of the SABC Board - in the public interest."
"SOS and MMA are currently taking legal advice and will act on an urgent basis if necessary."
