COMMUNICATIONS Minister Faith Muthambi this week defended her interference with the board of South African Broadcasting Corporation (SABC), saying she had a duty to interrogate the conduct of board members.
Her actions were aimed at mitigating any possible risks to the efficient functioning of the public broadcaster, the minister said.
Ms Muthambi has been accused of unlawfully interfering with the functions of the SABC board after she had written a letter last month to certain board members asking them to provide reasons why they should not be suspended. In the letter, Ms Muthambi expressed her unhappiness at the leaks of "sensitive" board matters to the media.
On Monday, Bongani Khumalo resigned from the broadcaster’s board. Although he would not give reasons for his reasons, he said the matter was between him and the minister.
Sources close to the board said board members were unhappy with the minister’s interference and this could lead to more board members quitting.
While Ms Muthambi did not confirm or deny that she had written a letter to some members of the SABC board, she said that through her political oversight role she had the responsibility to ensure implementation of good corporate governance at all times.
Ms Muthambi said that section 16 of the memorandum of incorporation dictates that a "director must perform his or her functions at all times with the utmost good faith, honesty and integrity, care and diligence and, in furtherance of his or her functions, without limiting his or her fiduciary duties".
She said: "In the event of any breach of fiduciary duties by any director or directors, the minister as a shareholder’s representative has to take appropriate steps to remedy the situation without fear or favour. This therefore empowers the minister to play an oversight role including the conduct of board members in order to protect the image and reputation of the corporation."
The Democratic Alliance (DA) said Ms Muthambi’s statement was a tacit admission that she had indeed written to certain board members regarding their conduct and continued employment at the SABC.
"The DA maintains that such interference in the SABC board is unlawful," said DA MP and communications spokesman Gavin Davis.
The Broadcasting Act was clear, he said, that it was the function of Parliament’s communications portfolio committee to undertake any inquiry into the conduct of SABC board members.
This was the process followed in respect of former SABC board chairwoman Ellen Tshabalala, who was found guilty by the committee of misrepresenting her academic qualifications before subsequently resigning last month.
"In other words, an inquiry into the conduct of a board member needs to be an open process in Parliament. It cannot be a closed process that happens in the minister’s office," Mr Davis said.
The National Assembly — through the communications portfolio committee — is charged with conducting public interviews with candidates for SABC board positions and recommends their appointment to the president.
Ms Muthambi’s sole reliance on the SABC’s memorandum of incorporation to interpret her role vis-à-vis the SABC board was problematic, Mr Davis said.
"Section 1.5.1 of the articles states: if the provisions of these articles are in any way inconsistent with the provisions of the (broadcasting) act, the provisions of the act shall prevail, and the articles shall be read in all respects subject to the act.
"So it is quite clear that it is the Broadcasting Act that must be followed when there are allegations of misconduct against a board member, not the SABC’s memorandum of incorporation. The DA reiterates its call for Ms Muthambi to appear before the portfolio committee to explain her interference in the SABC board," he said.
Faith Muthambi. Picture: TREVOR SAMSON
COMMUNICATIONS Minister Faith Muthambi this week defended her interference with the board of South African Broadcasting Corporation (SABC), saying she had a duty to interrogate the conduct of board members.
Her actions were aimed at mitigating any possible risks to the efficient functioning of the public broadcaster, the minister said.
Ms Muthambi has been accused of unlawfully interfering with the functions of the SABC board after she had written a letter last month to certain board members asking them to provide reasons why they should not be suspended. In the letter, Ms Muthambi expressed her unhappiness at the leaks of "sensitive" board matters to the media.
On Monday, Bongani Khumalo resigned from the broadcaster’s board. Although he would not give reasons for his reasons, he said the matter was between him and the minister.
Sources close to the board said board members were unhappy with the minister’s interference and this could lead to more board members quitting.
While Ms Muthambi did not confirm or deny that she had written a letter to some members of the SABC board, she said that through her political oversight role she had the responsibility to ensure implementation of good corporate governance at all times.
Ms Muthambi said that section 16 of the memorandum of incorporation dictates that a "director must perform his or her functions at all times with the utmost good faith, honesty and integrity, care and diligence and, in furtherance of his or her functions, without limiting his or her fiduciary duties".
She said: "In the event of any breach of fiduciary duties by any director or directors, the minister as a shareholder’s representative has to take appropriate steps to remedy the situation without fear or favour. This therefore empowers the minister to play an oversight role including the conduct of board members in order to protect the image and reputation of the corporation."
The Democratic Alliance (DA) said Ms Muthambi’s statement was a tacit admission that she had indeed written to certain board members regarding their conduct and continued employment at the SABC.
"The DA maintains that such interference in the SABC board is unlawful," said DA MP and communications spokesman Gavin Davis.
The Broadcasting Act was clear, he said, that it was the function of Parliament’s communications portfolio committee to undertake any inquiry into the conduct of SABC board members.
This was the process followed in respect of former SABC board chairwoman Ellen Tshabalala, who was found guilty by the committee of misrepresenting her academic qualifications before subsequently resigning last month.
"In other words, an inquiry into the conduct of a board member needs to be an open process in Parliament. It cannot be a closed process that happens in the minister’s office," Mr Davis said.
The National Assembly — through the communications portfolio committee — is charged with conducting public interviews with candidates for SABC board positions and recommends their appointment to the president.
Ms Muthambi’s sole reliance on the SABC’s memorandum of incorporation to interpret her role vis-à-vis the SABC board was problematic, Mr Davis said.
"Section 1.5.1 of the articles states: if the provisions of these articles are in any way inconsistent with the provisions of the (broadcasting) act, the provisions of the act shall prevail, and the articles shall be read in all respects subject to the act.
"So it is quite clear that it is the Broadcasting Act that must be followed when there are allegations of misconduct against a board member, not the SABC’s memorandum of incorporation. The DA reiterates its call for Ms Muthambi to appear before the portfolio committee to explain her interference in the SABC board," he said.
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