COMMUNICATIONS Minister Faith Muthambi on Wednesday said that she has the duty to interrogate the conduct of South African Broadcasting Corporation (SABC) board members and her actions are geared towards mitigating any possible risks to efficient functioning of the public broadcaster.
This week speculation grew that Ms Muthambi was unlawfully interfering with the functions of the SABC board after she wrote a letter to certain board members asking them to provide reasons why they should not be suspended. In the letter Ms Muthambi is said to have expressed her unhappiness at the leaks of "sensitive" board matters to the media.
On Monday Prof Bongani Khumalo confirmed that he had resigned from the board and although his reasons of stepping down are still unclear, sources at the broadcaster say that board members are unhappy with the minister’s interference and this could lead to more board members quitting, which is likely to further destabilise the already beleaguered public broadcaster.
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 has 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".
"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," she said.
Ms Muthambi added: "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 on Wednesday that Ms Muthambi’s statement was a tacit admission that she has 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.
Mr Davis said that the Broadcasting Act is quite clear that it is the function of the Parliament’s communications portfolio committee to undertake any inquiry into the conduct of SABC board members. He said 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 in December.
"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, is charged with conducting public interviews with candidates for SABC board positions and recommends their appointment to the president.
Mr Davis said Ms Muthambi’s sole reliance on the SABC’s memorandum of incorporation to interpret her role vis-à-vis the SABC board is problematic. As 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 these 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," Mr Davis said.
"The DA reiterates its call for Minister Muthambi to appear before the portfolio committee to explain her interference in the SABC board".
Faith Muthambi. Picture: TREVOR SAMSON
COMMUNICATIONS Minister Faith Muthambi on Wednesday said that she has the duty to interrogate the conduct of South African Broadcasting Corporation (SABC) board members and her actions are geared towards mitigating any possible risks to efficient functioning of the public broadcaster.
This week speculation grew that Ms Muthambi was unlawfully interfering with the functions of the SABC board after she wrote a letter to certain board members asking them to provide reasons why they should not be suspended. In the letter Ms Muthambi is said to have expressed her unhappiness at the leaks of "sensitive" board matters to the media.
On Monday Prof Bongani Khumalo confirmed that he had resigned from the board and although his reasons of stepping down are still unclear, sources at the broadcaster say that board members are unhappy with the minister’s interference and this could lead to more board members quitting, which is likely to further destabilise the already beleaguered public broadcaster.
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 has 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".
"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," she said.
Ms Muthambi added: "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 on Wednesday that Ms Muthambi’s statement was a tacit admission that she has 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.
Mr Davis said that the Broadcasting Act is quite clear that it is the function of the Parliament’s communications portfolio committee to undertake any inquiry into the conduct of SABC board members. He said 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 in December.
"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, is charged with conducting public interviews with candidates for SABC board positions and recommends their appointment to the president.
Mr Davis said Ms Muthambi’s sole reliance on the SABC’s memorandum of incorporation to interpret her role vis-à-vis the SABC board is problematic. As 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 these 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," Mr Davis said.
"The DA reiterates its call for Minister Muthambi to appear before the portfolio committee to explain her interference in the SABC board".
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