Hon House Chairperson and hon members, I move with leave:
That the House accedes to the request of the Portfolio Committee on Communications to consider the committee's recommendations pertaining to the dissolution of the SABC Board and the appointment of five candidates to the interim board, including those who have to be designated as chairperson and deputy chairperson.
Agreed to.
Hon House Chair, couldn't we be given the list of the names so that we know who we are talking about?
House Chair, we can provide assistance because we are now in the process of dissolving the board. The chairperson will give us a report that we will consider. So, if you follow the order, it's first the dissolution of the board, thereafter it is only then that we can deal with the report from the chair, who will make a recommendation to all of us. After that we can consider the names. I am sure that the chairperson will give us a full explanation of what transpired in the committee, including if they have agreed on the names.
Well, there you are, hon members. What we are doing now is to simply consider the matter of the dissolution. I understand that the names will come later. The matter before the House is therefore that the House must consider the recommendation of the portfolio committee pertaining to the dissolution of the SABC board and related matters.
Before putting the question, I shall allow the chairperson of the Portfolio Committee on Communications an opportunity to provide the House with the summary of its proceedings and give parties an opportunity to make declarations. I think it's quite clear thus far. Is it not? It should be quite clear now.
Chairperson, I rise on a point of order: I thought the procedure you were following was correct. We first have to dissolve the board before we can talk about the names and everything. [Interjections.]
You are correct, hon Mluleki. I'm following that procedure even now. [Laughter.] Hon members, could we give attention to the chairperson?
Thank you, Chairperson. Indeed, the SABC is a very important organisation. You can see the events in terms of how things are happening. As the Portfolio Committee on Communications, indeed today we had a special meeting to consider this matter, in relation to section 15 of the Broadcasting Act.
We have received notice of the fact that both the chairperson and deputy chairperson of the SABC board have tendered their resignations. Their resignations were accordingly accepted by the appointing authority, the President. Subsequent to that the following SABC board members of the also resigned: Adv Cawe Mahlati, Mr Cedric Gina, Mr Lumko Mtimde, Mr Desmond Golding, Mr John Danana, Ms Noluthando Gosa and Ms Pippa Green.
On 30 October 2012, the committee reported on a briefing from the SABC board on its enquiry regarding the conduct of Adv Cawekazi Mahlati on 18 September 2012. The committee subsequently sought and was granted permission by this House to undertake an inquiry in terms of section 15A(1)(a) of the Broadcasting Act. However, Adv Cawekazi Mahlati's resignation now renders the continuation of such an inquiry unnecessary. As a result of the above-mentioned resignations, the SABC board, as we speak, is left with only two nonexecutive serving members, while section 13(1) of the Broadcasting Act requires 12 nonexecutive members.
In terms of section 15A(1)(b)(iii) of the Broadcasting Act, Act 4 of 1999, the committee recommends to the National Assembly that a resolution be adopted that the board be dissolved as it cannot carry out its duties, as contemplated in terms of section 13(11), because the board can no longer meet. The reason is that at each meeting that the board must have, there should at least be nine members of the board. The reality now is that we have only two remaining members of the board, which makes it impossible for the board to meet.
If the National Assembly adopts the recommended resolution to dissolve the board, it is further recommended that a resolution be adopted to recommend to the appointing authority that the following five individuals be appointed as interim SABC board members in terms of section 15A(3)(a).
The board members we are recommending are: Ms Zandile Ellen Tshabalala, Ms Noluthando Primrose Gosa, Mr Vusumuzi Mavuso, Mr Ronnie Lubisi and Dr Iraj Abedian. It further recommends that Ms Zandile Ellen Tshabalala be appointed as the chairperson of the interim board and Ms Noluthando Gosa as the deputy chairperson of the interim board. I thank you. [Applause.]
There was no debate.
Declarations of vote:
Chairperson, hon colleagues, the cause of the perpetual crisis at the SABC is political interference in the appointments of both the board and executive management, and operational issues. Many South Africans who wanted to contribute to the formation of a vibrant world-class public broadcaster, are now scarred and embittered people. Many of them resigned in disgust at the political machinations that colour most critical decisions at the SABC. Those I spoke to yesterday said that until the laws are changed to prevent political interference, nothing would change to save the corporation from the destructive path it is on.
The process the portfolio committee embarked on today to dissolve the board was bulldozed through the committee. We recognise that there's a crisis of governability at the SABC, but the whole process of dissolving the board and appointing an interim one reeked of ANC opportunism. This process has effectively circumvented legitimate nomination processes to find suitable candidates. It is little more than 24 hours since South Africans learned that six more board members had resigned to neutralise what was left of a crippled board. Had President Zuma acted decisively, when the chair and his deputy resigned 10 days ago, this crisis could have been avoided. Instead, we have ended up with a process that is characterised by ulterior motives, possibly the installation of a new crop of ANC cronies to do Luthuli House's bidding at Fawlty Towers.
Because the DA believes that political parties should have no role in nominating candidates for the SABC oard, we declined to take part in the listing process that is the norm in the committee's horse-trading in deciding the composition of entities' boards. The appointment of this interim board must be seen for what it is: a rushed, nontransparent and inadequate affair.
While we do not support the process by which this board was chosen and our instinct was to reject the process out of hand, we realise that the SABC is in a crisis situation and someone needs to sign the cheques and make the business decisions.
We wish the new board well in the Sisyphean task of getting the SABC operational until a properly nominated and elected board can be appointed. The DA will do everything possible to help ensure that this happens as soon as possible. [Applause.]
Chairperson, first of all, as Cope, we would like to just register our serious discomfort with the process followed and the undue haste this morning to dissolve the board or the remainder of the members, with effectively less than 24 hours' notice. We were aware of a deliberate attempt and instructions issued by Luthuli House on Sunday for board members to resign en masse and therefore we were anticipating some crisis that would have been precipitated by the ANC.
It was significant that six of the nine members resigned, those that the ANC believed were deployed from Luthuli House, and they were instructed to submit their resignations. This is absolutely unacceptable. The fact of the matter is that these members were proposed through a parliamentary process and, therefore, they take their mandate from Parliament and not from Luthuli House.
The fact that this was brought about in the past three to four days is, furthermore, unacceptable because the portfolio committee was absolutely scandalous in their manner in overseeing the serious crisis that was there for the entire nation to see.
Over the past two years we have had serious problems at the SABC board. On 25 October 2011, we had a delegation of members of the board who complained about the autocratic behaviour of Dr Ben Ngubane and the fact that he thought he was the executive board member or chairperson of the board. Last year we had another case, and it was a surprise to hear from the chairperson now that the inquiry into Adv Cawe Mahlati was still being processed, because, from our side, it was evident that there was no case. From what Adv Mahlati placed before our committee, it was evident that this was just a repeat of the unacceptable autocratic behaviour of the former board chairperson.
What was also very significant was the fact that there was one board member present in the committee this morning. What she informed us about the committee was important. It was for the entire committee to understand the extent of the bullying tactics that were actually occurring at the SABC board, where they were forced to process unacceptable appointments, including the fact that Dr Ben Ngubane was responsible for Phil Molefe's appointment and then in the end deserted him. Also, the processing of the Special Investigating Unit report ...
Hon member, your time has expired. [Interjections.]
Chairperson, we support one member on the board and that is Dr Iraj Abedian, but we unfortunately cannot ...
Hon member, your time has expired. [Interjections.]
... support the others. Thank you. [Time expired.] [Interjections.]
Hon Chairperson, the IFP would like to align itself with the previous speakers. While the IFP is not against the notion of an interim board, we wish to place on record that we oppose the haste with which the process was completed today. The current crisis at the SABC requires bold leadership on the part of the new interim board. However, the manner in which the process was completed did not offer the IFP the opportunity to interrogate the CVs that were presented before us, nor did it give us the opportunity to present our own candidates.
Therefore, we cannot satisfy ourselves that these individuals presented here today are the best candidates committed to fairness, freedom of expression, openness and accountability. However, we wish the new board strength as they embark on their mammoth task. May they be successful in the next couple of months in their endeavours to stabilise the SABC. What the SABC now needs is a board and management dedicated exclusively to rebuilding the organisation; leadership that will prioritise the creation of an SABC we can respect. I thank you. [Applause.]
Chairperson, the SABC - or, rather, the SANC in reality - has given us a look into a microcosm of South Africa. The events at his master's voice that preceded this meltdown were an indicator of things to come. The SABC board's continued dysfunction had to end in disaster, as is evidenced today.
Die raad het 'n politieke speelbal vir die ANC geword en die raadslede wie bloot hul werk wou doen, is beroof van 'n geleentheid om vir alle Suid- Afrikaners te werk. Dit is die kern van die ANC se probleem. Daar word net gedink aan kaderontplooiing en die misbruik van staatsinstellings vir eie gewin, eerder as in die belang van die publiek. 'n Mens kan net hoop dat die ANC 'n dure les hierdeur geleer het en nou net onbevange en kundige persone sal aanstel wie nie om politieke redes op die raad sal sit nie. 'n Mens kan net hoop dat die ANC met kaderontplooiing en die manipulasie van die openbare uitsaaier sal ophou. (Translation of Afrikaans paragraph follows.)
[The board has become a political football of the ANC, and those board members who have been merely doing their job have been robbed of an opportunity to work for all South Africans. This is the crux of the ANC's problem. They only think about cadre deployment and misusing state institutions to their own benefit, instead of using them to the benefit of the public. One can only hope that the ANC has learnt a valuable lesson and will now only appoint unbiased and knowledgeable persons who will not be serving on the board for political reasons. One can only hope that the ANC will put an end to cadre deployment and manipulation of the public broadcaster.]
In the end, if the ANC continues down this path, the growing faction fighting within the ANC will again spill over into the SABC board, leaving this country with a rudderless and politically tainted broadcaster. The good people that work there and the public deserve better. I thank you.
House Chairperson, I think, firstly, let us just say this: that in the committee we were all in agreement that the board had reached a state of dysfunctionality and that something was going to have to be done. I think what is of concern and what we need to be looking at is the fact that this is the second board in a row that has reached this state and also has reached the state at which it has to be dissolved. We will have to identify the factors that have affected the board and steps that need to be taken to ensure that we do not have a repeat of this situation in the future.
The interim board, which the committee is recommending, would, if appointed, have to guide the SABC during the next six months. We are confident that the names before the House today have the requisite experience to perform this task they are being asked to perform.
I just want to respond to a number of points that have been raised here in the House. Firstly, this process was not bulldozed through the committee this morning. In fact, all political parties were informed yesterday - in fact, in the early hours of yesterday morning - of the situation we were facing. So, to come here and say it was bulldozed through is factually incorrect. I want to point out to the House and those who are watching the fact that this is the last sitting of the House before we rise for recess and the fact that there is no plenary scheduled until the end of April. So if we do not take a decision to put in place an interim board today, we will have no board in place until the end of April. [Interjections.] So I wanted to put those facts into context. [Interjections.]
Order, hon members!
Also, the hon Shinn comes and stands here and says that the names being put forward for the interim board are simply ANC cronies. I think that is a blatant insult. These are capable and qualified South Africans who are very capable of guiding the SABC over the next six months. [Interjections.]
Order, hon members!
So, I think that to come and say that here is a blatant insult, and I think every one of them would take deep offence at the statements that the hon Shinn has made in this House today. [Interjections.]
I think it is the hon Kilian's view that people were asked to resign. We are not aware of that. In fact, this morning I listened to one of the former SABC Board members saying that he had taken a decision - and come to the decision himself - that he needed to resign, that he had been able to make a contribution, but that he needed to step down now. In conclusion, we would want to ask the House to consider these names for appointment as the interim board. Thank you very much. [Applause.]
Question put: That the House recommends to the President of the Republic, in terms of section 15A(1)(b) of the Broadcasting Act of 1999, that the board of the SABC be dissolved, as it can no longer carry out its duties as contemplated in the Act.
Question agreed to.
Recommendation for the dissolution of the board of the SABC accordingly agreed to.
Question put: That the House recommends to the President that the following five candidates be appointed as members of the interim board of the SABC in accordance with section 15A (3)(a) of the Broadcasting Act of 1999, the first two to be designated as chairperson and deputy chairperson respectively:
Ms Zandile Ellen Tshabalala Ms Noluthando Primrose Gosa Dr Iraj Abedian Mr Ronnie Lubisi Mr Vusumuzi Mavuso
Question agreed to.
Ms Zandile Ellen Tshabalala, Ms Noluthando Primrose Gosa, Dr Iraj Abedian, Mr Ronnie Lubisi and Mr Vusumuzi Mavuso accordingly recommended to the President for appointment to the Interim Board of the SABC, while Ms Zandile Ellen Tshabalala, Ms Noluthando Primrose Gosa accordingly recommended as chairperson and deputy chairperson respectively.
Consideration of Report of Portfolio Committee on Justice and Constitutional Development - Suspension from office of Magistrate F K S Ntuli
Hon Chairperson, on behalf of the Portfolio Committee on Justice and Constitutional Development, I present to this House our report on the suspension from office of Magistrate F K S Ntuli. Mr Ntuli is an additional magistrate at Uitenhage in the Eastern Cape. In a letter dated 30 August 2012, the Chief Magistrate of Port Elizabeth informed the Magistrates Commission that Mr Ntuli had been arrested on Friday, 17 August 2012, on a charge of drunken driving.
He was allegedly found by a police officer in the town at around 7.15am, driving alone in a motor vehicle which was moving from one lane to another, an indication that the driver was not in proper control of the motor vehicle. He was issued with a written warning to appear in court at Uitenhage on 13 February 2013. Mr Ntuli was previously convicted of the same offence on 20 March 2008. He was subsequently charged with misconduct, found guilty, and on 8 July 2009 strongly reprimanded by the presiding officer to refrain from any similar misconduct in future.
In order to advise the Minister on his provisional suspension from office, pending the outcome of the investigation, Mr Ntuli was afforded an opportunity to comment on the desirability of such provisional suspension. At its meeting held on 29 and 30 November 2012, the Magistrates Commission, having considered Mr Ntuli's response dated 18 September 2013 and 3 October 2012, resolved to recommend that Mr Ntuli be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, Act 93 of 1993, pending the investigation into his fitness to hold office.
The Magistrates Commission is of the view that the existing evidence against Mr Ntuli is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate whilst the allegations are being investigated. It would be inappropriate for a judicial officer, who is once more appearing as an accused before a court of law on a charge of drunken driving, to continue to sit on the bench.
Having considered the Magistrates Commission's report on the provisional suspension from office of Mr Ntuli as well as the Minister's request, the committee recommends that this House confirm the provisional suspension, and we ask that it adopt this report. Thank you. [Applause.] There was no debate.
Question put: That the Report of the Committee be adopted, including the recommendation that the suspension from office of Magistrate F K S Ntuli be confirmed.
Question agreed to.
Report adopted and suspension from office of Magistrate F K S Ntuli confirmed.
Consideration of Report of Portfolio Committee on Correctional Services - Visit to Groenpunt Maximum Security Correctional Centre in Free State Province
Chairperson, I will keep this short and sweet. The committee visited Groenpunt on 16 January this year after riots had broken out a week earlier. At the time of our visit, 408 inmates had been transferred to other facilities because they were identified as ringleaders. Nine officials were injured during the uprising or the unrest, three of whom were hospitalised, and over 50 inmates were injured during the uprising.
At the time of our visit both the head of the centre and the area commissioner had been placed on suspension. We were informed that the grievances raised by offenders that caused the riots were, amongst other things, food shortages, poor infrastructure, poor medical care, a lack of development and rehabilitation programmes and a host of other complaints. The committee itself observed the chronic overcrowding in the facility. We observed the poor infrastructure in the maximum centre and we observed the undesirable ratio between officials and inmates.
However, notwithstanding all the issues that we have raised, the committee wants to state very strongly that it condemns any abuse of officials or offenders. We condemn any abuse. Equally, we condemn the destruction of state property, regardless of the grievances of the offenders. We condemn the destruction of state property and we condemn assaults on officials by inmates. We want to reiterate that there is no justification for any of these things, and that is what we put on record in January and we want to repeat it today.
Our recommendations to the Department of Correctional Services, through the Minister, are: firstly, that the department refine its practices, especially during emergency situations, Minister; secondly, we ask that the department deal with the staff shortages, as they have the potential of hampering service delivery, and that was part of the gripes; thirdly, we urge the department, especially because of the prevalence of cellphones and other illegal objects that were found in that centre, to deal urgently with the scourge of Correctional Services officials colluding with inmates because the smuggling happens between some of our officials that collude with inmates, and we ask that that be dealt with urgently; and, finally, we urge that the investigations, both by the department and by the Judicial Inspectorate, be finalised speedily and that all inmates and officials found guilty of any inappropriate behaviour face sanctions, including criminal cases, if necessary. We ask that this report be adopted. I thank you, Chairperson. [Applause.]
There was no debate.
Chairperson, I move that the Report be adopted.
Motion agreed to.
Report accordingly adopted.