General views of the SABC building in Auckland Park, Johannesburg on 18 November 2020. Picture: Michel Bega
President Cyril Ramaphosa has been taken to the Constitutional Court (ConCourt) in a bid to compel him to appoint the board of the South African Broadcasting Corporation (SABC).
Non-profit organisation Media Monitoring Africa (MMA) filed an urgent application with the ConCourt on Friday following delays which have left SABC operating without a board for more than four months.
Despite a shortlist of nominated candidates having been approved by Parliament, it was recently revealed that SABC group chief executive officer (GCEO), Madoda Mxakwe, was designated as the acting board chairperson.
The previous board’s term ended on 15 October 2022.
The MMA, in their application, have since asked the ConCourt to direct Ramaphosa to immediately appoint a new board.
“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 falls within the exclusive jurisdiction of this court, alternatively, it is in the interests of justice to grant the applicant direct access to this court,” the court papers read.
“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 NPO has also argued that the president’s delay in appointing a board was unconstitutional.
“The president cannot have such a power, as it would undercut the independence of the SABC.”
The organisation has further requested the apex court to order the parties in the case to pay their legal fees, including the costs of two counsel.
Alongside Ramaphosa, Communications and Digital Technologies Minister Khumbudzo Ntshavheni, National Speaker Nosiviwe Mapisa-Nqakula and the SABC are respondents in the matter.
The respondents will have to file their court papers with answering affidavits by 23 March if they intend to oppose MMA’s application.
According to MMA Director William Bird, the NPO was forced to take the legal route because they had exhausted all available avenues, including writing to the president.
“Each day that goes by without a board, the proper functioning of the public broadcaster is jeopardised, which in turn threatens the functioning of our constitutional democracy.
“We have thus been left with no choice but to bring an urgent application to the Constitutional Court for an order compelling the president to fulfil this obligation diligently,” Bird said in a statement on Sunday.
READ MORE: Boardless SABC’s operation hamstrung while Ramaphosa dithers
It is believed that Ramaphosa’s delay was due to the vetting of the proposed board members, but Bird says the president has exceeded his powers.
“To date, it appears the president is assuming powers we argue he does not have. Specifically, that he does not have the ability to veto or delay making these appointments.
“Were the president to have such power, it would potentially, fatally, undermine the independence of the SABC from the executive. The design of the SABC is that it is independent from the executive government,” he continued.
In December, the National Assembly recommended 12 candidates, including three additional names, to Ramaphosa for approval to serve on the SABC board.
Former SABC head of news Phathiswa Magopeni, former SABC journalist Dr Renee Horne, veteran broadcaster Mpho Tsedu, and the CEO of the Association of Comms and Technology Nomvuyiso Batyi have been given the greenlight to serve on the new board.
The other recommended candidates included Advocate Tseliso Thipanyane, Khathutshelo Ramukumba, Professor Franz Krüger, Aifheli Makhwanya, Rearabetsoe Motaung, lawyer Magdalene Moonsamy and Dinkwanyane Mohuba.
Zolani Matthews, Palesa Kadi and Quentin Green make up the three extra candidates.
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