IFP PRESS STATEMENT RELEASED BY: 
SUZANNE VOS MP
INKATHA FREEDOM PARTY SPOKESPERSON ON COMMUNICATIONS

14th August 2008

The objection yesterday, August 13, in the PC on Communications (National Assembly) of the Inkatha Freedom Party to the Broadcasting Amendment Bill -- in its entirety - was recorded.

When the Bill is debated in Parliament next week the IFP will, once again, vigorously oppose the amendments which we believe (for many reasons) will be an enabling factor for direct political interference into the governance of the public broadcaster and, in tandem, an obvious assault on the independence of the board of the SABC. There is no doubt whatsoever that this Bill, if passed into law, will have far-reaching and deleterious consequences.

We also question the attempt by the ANC to fudge the doctrine of separation of powers (in this case between the Executive and the Legislature) inherent in the Constitution of the Republic. They have come up with the idea that in their view it is constitutionally sound that the "appointing body" (of the board of the SABC) can now mean "the President in consultation with the Speaker of the National Assembly"!  The IFP has its serious doubts and believes that jurisprudence on this particular matter in our Courts may be urgently required.

Clearly the IFP will also consider petitioning the President of the Republic not to sign the Bill into law once it is passed by Parliament and to, instead, send it back. This has happened in various instances before (and interestingly in Bills pertaining to the Independent Communications Authority of South Africa - ICASA - and in the early days of the very Broadcasting Act now once again in contention). We sincerely hope that it may be able to happen again in this case.  

The ANC argument that the public broadcaster (with its crucial mandate to inform, educate and entertain South African citizens) can be treated like any other State institution is patently ridiculous. 

South Africa is now in danger of sliding towards the reality in the majority of African States where the so-called public broadcaster is controlled by the State and ruling political parties. This was the case under National Party rule and apartheid when the SABC was most certainly a State broadcaster and not a public broadcaster. At CODESA and after the advent of democracy in 1994 it was recognized that the SABC must be a truly independent public broadcaster. Slowly and surely the ANC is chipping away at the very foundation which ensures an independent public broadcaster - its governance.

The fact that the Constitution of the Republic (S.192) stipulates that an "independent authority" (now ICASA) must ".  regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society"  is a clear indication and an acceptance that broadcasting (whether public or private entities) must be protected from political interference.

The ANC proposal to enable the "appointing authority" to remove an entire board of the SABC "after a finding" by a committee of the National Assembly is outrageous. 

Who in their right minds would offer to serve as a member of a board of the SABC if, not even after "due enquiry" but merely "after a finding", a committee of politicians in the National Assembly can tear their reputations to shreds and have them removed from office one by one or holus-bolus?

Persons of integrity and expertise in various fields are nominated by the public and recommended by Parliament to serve on the SABC board with the explicit intention that they will apply their minds independently in the best interests of the Corporation and the public at large. 

This Bill, if passed into law, will have a distinctly chilling effect on the independence of the board. 

To make matters even worse (if that is possible), the ANC has proposed that in the event that an entire SABC board is chucked out after a "finding" by a committee of the National Assembly", it will 10 days later replace them with an "interim board" consisting of senior SABC management executives and "five other persons recommended by the National Assembly" for a period of up to six months!  No mention is made of how these persons will be chosen and whether this will be a public process or a fast track for the appointment of political pals! No mention is made (as was proposed in submissions) that this most certainly must not happen during an election period!

It is patently clear why this Bill must be opposed and the IFP is also hoping that media bodies and concerned citizens in general will also voice their condemnation. 

SUZANNE VOS MP - INKATHA FREEDOM PARTY 

083 303 0451 

svos@iafrica.com