Parliament’s legal advisor, Andile Tetyana, on Thursday told the Portfolio Committee on Communications and Digital Technologies that President Cyril Ramaphosa’s request for the names of 12-member SABC board to be reconsidered was “unprecedented and grossly unlawful”.
‘Unprecedented and unlawful’
Ramaphosa wrote a letter to National Assembly Speaker Nosiviwe Mapisa-Nqakula on 9 March asking Parliament to reconsider the list of names that was originally given to him.
Ramaphosa questioned the legality of the process after 12 names were submitted to him, with three additional names also selected. Only 12 candidates can be appointed to the board by the president.
“The letter by the president is not only unprecedented, but it is grossly unlawful. The letter of 9 March has got no basis in law,” said Tetyana.
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Tetyana said if Ramaphosa has concerns about Parliament’s candidates, he must go to court.
“He cannot take the law into his own hands,” said the legal advisor.
He also pointed out that the president and his cabinet accounts to Parliament and not the other way around.
“The president must tell Parliament where he is taking this power to instruct it on how it should conduct its business,” said Tetyana.
Watch: Parliament’s portfolio committee discusses the SABC
The SABC has been without a board for nearly six months.
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Ramaphosa has been under pressure to appoint a board as quickly as possible. The SABC cannot make important decisions until this is done.
Ramaphosa facing legal action
Civil society organisations SOS Coalition and Media Monitoring Africa (MMA) have criticised the delay in Ramaphosa appointing a board.
MMA even filed an urgent application with the ConCourt at the end of February.
“MMA seeks an order declaring that the president has failed to fulfil this obligation diligently and without delay, and directing him to do so without further delay.
“The application is urgent owing to the fact that the SABC, a public institution serving cardinal constitutional aims, will soon have been without a board for half a financial year, which ends on 31 March 2023,” the court papers read.
MMA Director William Bird said Ramaphosa’s delay in appointing a board was unconstitutional.
“The president cannot have such a power, as it would undercut the independence of the SABC.”
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