Court asked to cut Minister's powers over SABC

While Communications Minister Ayanda Dlodlo recently had to answer difficult questions in Parliament as to why a permanent SABC board has not yet been appointed, the Gauteng High Court (Pretoria) is due to deliver judgment this week in an application in which several NGOs claimed the Minister had too much say in these issues. A Pretoria News report notes the SOS: Support Public Broadcasting Coalition and Freedom of Expression Institute – joined by the Right2Know Campaign as a friend of the court – asked Judge Elias Matojane to streamline certain provisions of the Broadcasting Act. This, they said, was to ensure the independence of the SABC. The parties during their arguments said that as things stand, the Minister had too much say, which hampered the independence of the board. The Right 2Know Campaign, in its submissions, said at the root of the governance crisis plaguing the SABC for many years were the political and commercial interests that have sought to undermine the broadcaster’s independence. It is of the opinion that successive Communication Ministers have exploited contradictions in legislation to undermine the SABC board and claimed powers to directly appoint senior executives. The parties, in challenging the Minister, argued that that the Broadcasting Act should prevail over the Companies Act. It was said that the Broadcasting Act was specifically intended to govern the public broadcaster whereas the Companies Act made the Minister of Communication the sole shareholder in the SABC. Judgment was due to be delivered yesterday, but due to the illness of the judge, it is now expected to be delivered by the end of the week.