Cape Town – Communications Minister Faith Muthambi says she is, in terms of the law, empowered to intervene when matters of misconduct relating to board members arise.
The Minister said this when she appeared before the Portfolio Committee on Communications on Tuesday to brief Members of Parliament on the State of Affairs at the SABC.
Minister Muthambi, who is the sole shareholder of the public broadcaster, said in terms of the Companies Act NO. 71 of 2008, she may approach members of the board to ask them why they should not be suspended.
“The Minister is also entitled, in terms of the Memorandum of Incorporation, Shareholder Compact and the Board Charter to intervene in resolving the SABC Board members' alleged misconduct,” the Minister said.
She briefed the committee following reports that she sent letters to several board members in January asking them why they should not be suspended over allegations of misconduct.
At the time, Professor Bongani Khumalo, one of the board members, resigned following the Minister’s letters.
Following the Minister’s intervention, DA MP Gavin Davis wrote to the committee’s chairperson Joyce Moloi-Moropa requesting that the Minister be invited to explain the state of affairs at the public broadcaster.
During the committee meeting on Tuesday, Davis said the Minister’s intervention was unlawful in terms of the Broadcasting Act.
The Minister said Parliament needed to determine whether the Broadcasting Act supersedes the Companies Act.
“As a shareholder, I have a duty to ensure that there is stability in the SABC board.
“The SABC is governed by the Memorandum of Incorporation. The Memorandum of Incorporation makes provision for the duties of shareholders, and that is the source of my authority,” she said.
Asked why she did not intervene when former board chairperson Ellen Tshabalala was accused of misleading Parliament over her qualifications, the Minster said she could not duplicate processes as the Portfolio Committee had already instituted an inquiry into the matter.
ANC MP Maesela Kekana said the SABC should work hard to ensure that there is stability at the top echelons of the public broadcaster.
“We must commend the SABC staff for taking the SABC out of ICU and returning it to normality. You must do everything to revive the SABC and ensure that there is discipline,” he said.
Meanwhile, SABC Chief Financial Officer (CFO) James Aguma said the public broadcaster was, through a service provider, in a process of finalising a new methodology that would be used to nab viewers who were not paying their TV licenses.
“We are in a process of determining who these pirate viewers are,” he said.
Uncollected revenue from “pirate viewers” was one of the matters that led to the Auditor-General giving the public broadcaster a qualified audit opinion, Aguma said.
He said the process would hopefully be concluded by 31 March. – SAnews.gov.za
