Muthambi axing of SABC board members illegal

A legal opinion by Parliament’s legal services office describes the removal of three SABC board members as illegal and not in line with the Broadcasting Act, which takes precedence over the Companies Act. A BDlive report says board members Rachel Kalidass, Ronnie Lubisi and Hope Zinde were controversially axed from the board. At the time, Communications Minister Faith Muthambi told Parliament’s Communications Committee that the Companies Act determined the nature of the relationship between the government, as the shareholder, and the SABC – not the Broadcasting Act – meaning, she argued, she was within her rights to alter the memorandum of incorporation of the SABC to allow her to appoint its CE, chief operating officer and financial officers and, when necessary, suspend them. However, presenting the legal opinion to the committee yesterday, parliamentary legal adviser Nathi Mjenxane said that the only legally valid removal of a SABC board member is by the President as the appointing authority and only after due inquiry in line with the provisions of the Broadcasting Act. ‘In addition, it is imperative to note that, the Broadcasting Act is specifically applicable to the appointing and removal of SABC board members. The Companies Act ... on the other hand, whilst it is applicable to the board, where (there) is conflict and cannot be reconciled with the Broadcasting Act, the latter Act would find precedence over the Companies Act,’ Mjenxane said. Committee chair Joyce Moloi-Moropa said the committee would present the legal advice to Muthambi and a committee meeting to discuss the matter was likely to be convened in the coming weeks.