Chairperson, you caught me off guard with the change on the Order Paper.
It is my pleasure to report on the progress that the Portfolio Committee on Communications has made on the Broadcasting Amendment Bill. Hon members will remember that this Bill was introduced and approved by the NA earlier this year.
Essentially, the Bill provides for the resignation of a member of the board or for the removal from office of a member of the SABC board. It further makes provision for a resolution of the NA calling for the dissolution of the board if the board fails in any of the following: discharging its fiduciary duties; adhering to the charter of the corporation; or properly and judiciously managing the affairs of the corporation.
The original Bill empowered the President, in conjunction with the Speaker, to appoint and remove the SABC board if recommended to do so by the NA. It also made provision for the appointment of an interim board. The Bill was then referred to the NCOP.
It is important to note that the NCOP held its own public hearings on the matter, and it wisely introduced two key amendments. The first is that the President remains the appointing authority of the SABC board. While the original suggestion was that the appointing authority should be the President in conjunction with the Speaker, the NCOP said it should be the President only. This is a sensible amendment as it eliminates the possibility for the constitutional ambiguity that relates to the original clause. It reaffirms the principle of the separation of powers that underpins our constitutional order.
The second amendment introduced by the NCOP sets a quorum for an interim board. This was an oversight on our part which has now been corrected. The portfolio committee therefore welcomes and accepts all the amendments proposed by the NCOP and commends the revised Bill to the House. If this Bill is approved by the House today and is assented to by the President, a lawful mechanism will have been created to act against the SABC Board if it displays any signs of dysfunctionality and if it fails in discharging its statutory responsibilities.
The truth of the matter is that the current SABC board, for various and different reasons, lacks popular credibility, even though it was established through a legitimate process. At present there is widespread dissatisfaction with the board over the manner in which it carries out its corporate governance responsibility. Important voices in civil society, the media and political formations have, therefore, either called for the resignation of members of the board or for their removal from office.
Parliament cannot be deaf to these growing concerns. However, the law, as it stands now, precludes that from happening. Well, the law is now being amended and a legal basis is being created for acting against the SABC, should it be deemed necessary. In this regard, I wish to counsel the House that if it institutes any proceedings against the board in future, the administrative processes must be fair, just and legally defensible. Simultaneously, the reasons for such action must be cogent and consistent with the legal conditions set out in this Bill. If these conditions are met in an open and transparent manner, I have no doubt that there will be significant public support for the decisions of the NA.
With these few words of introduction, the ANC supports the Broadcasting Amendment Bill and recommends that the House adopts the Bill. Thank you.
There was no debate.
Declarations of vote.