President Cyril Ramaphosa has been taken to the Constitutional Court (ConCourt) to force him to appoint the board of the South African Broadcasting Corporation (SABC).
Non-profit organization Media Monitoring Africa (MMA) filed an expedited application with ConCourt on Friday after delays that left the SABC without a board for more than four months.
Although the list of nominated candidates has been approved by Parliament, it was recently revealed that SABC Group CEO (GCEO), Madoda Mxakwe, was appointed as the acting chairman of the board.
The previous council term ends on October 15, 2022.
‘unconstitutional’
The MMA, in its application, therefore asked the ConCourt to direct Ramaphosa to immediately appoint a new council.
“The MMA seeks an order stating that the president has failed to fulfill this obligation diligently and without delay, and directing him to do so without delay.
“The application is under the exclusive jurisdiction of this court, instead, it is in the interest of justice to give the applicant direct access to this court,” the court papers read.
“The application is important because the SABC, a public institution serving cardinal constitutional purposes, will be out of office for half of the financial year, which ends on March 31, 2023.”
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The NPO also argued that the president’s delay in appointing the council was unconstitutional.
“The president cannot have that kind of power, because it would undermine the independence of the SABC.”
The organization further asked the apex court to order the parties in the case to pay their legal fees, including the fees of two counsels.
In addition to Ramaphosa, Minister of Communications and Digital Technology Khumbudzo Ntshavheni, National Speaker Nosiviwe Mapisa-Nqakula and the SABC are respondents to the matter.
The respondents must file court papers with a replying affidavit by March 23 if they intend to oppose the MMA application.
‘Assuming power’
According to MMA Director William Bird, the NPO was forced to take the legal route because it had exhausted all available methods, including writing to the president.
“Every day without a place, the proper functioning of the public broadcaster is undermined, which also threatens the functioning of our constitutional democracy.
“Therefore, we have no choice but to bring an urgent application to the Constitutional Court for an order compelling the president to fulfill this obligation diligently,” Bird said in a statement on Sunday.
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It is believed that Ramaphosa’s delay was due to a proposed council member inquiry, but Bird said the president had overstepped his authority.
“So far, it appears that the president has assumed powers that we argue he does not have. In particular, he does not have the ability to veto or delay the appointment.
“If the president has that kind of power, he may be able to destroy the SABC’s independence from the executive. The SABC is designed to be independent from the executive government,” he continued.
In December, the National Assembly recommended 12 candidates, including three additional names, to Ramaphosa for approval to the SABC board.
Former SABC head of news Phattiswa Magopeni, former SABC journalist Dr Renee Horne, veteran broadcaster Mpho Tsedu, and CEO of the Communications and Technology Association Nomvuyiso Batyi have been given the green light to serve in the new board.
Other recommended candidates include Aifheli Makhwanya, Rearabetsoe Motaung, Magdalene Moonsamy and Dinkwanyane Mohuba.
Zolani Matthews, Palesa Kadi and Quentin Green make up the three additional candidates.
SABC DISCLAIMER: SABC board: Delay in appointment ‘disruptive’ and could lead to ‘destabilisation’