SABC: DA to file affidavit to oppose “Motsoeneng” petition to SCA 

12 July 2016

The DA will today file an affidavit to the Supreme Court of Appeal (SCA) appealing to the Court to deny the SABC Board, Minister of Communications, Faith Muthambi, and Hlaudi Motsoeneng’s petitions for leave to appeal the Dennis Davis judgement setting aside Hlaudi Motsoeneng’s appointment as the permanent COO of the SABC. 

Mr Motsoeneng, Minister Muthambi and the SABC have been unsuccessful in almost all courts in which he has sought to keep his job. He and his band of protectors now need to abandon this abuse of our judicial system and the taxpayers money.

Indeed the Western Cape High Court already found that the three government respondents ignored the remedial action ordered by the Public Protector which the SCA slated is “irrational and unlawful”. To petition the SCA again on this matter is in itself irrational and a desperate attempt by the SABC and Minister Muthambi to protect a COO who has all but driven the public broadcaster into the ground.

Just yesterday ICASA’s Complaints and Compliance Committee (CCC) ordered the SABC to immediately withdraw the decision not to cover violent protests, and gave the SABC 7 days to respond to whether it will comply with the order. 

This is the latest independent body that has slated Mr Motsoeneng in his crusade to turn the SABC into his own personal fiefdom with his latest attempts to chill free speech by censoring any and all protest footage under the guise of cultivating “national unity”. The DA and the South African people are under no illusions that this editorial decision was designed to shield the ANC from its poor service delivery record.

Just last month former SABC Acting Group CEO, Jimmi Matthews’ effective withdrawal of support for Mr Motsoeoeng is indicative of the corrosive environment that he has created at the SABC. Further to this; the confirmation that a decision was taken in consultation with Mr Motsoeneng, to deliberately not cover another opposition party is clear proof of the ANC’s complete capture of the SABC.

This conduct is not in line with the founding constitutional principles on which the SABC is founded which is to act in the public interest and not that of the ANC to whom he owes his position.

Throughout his tenure Mr Motsoeneng has made statements and taken decisions that directly contradict the SABC’s obligations and the right to freedom of expression. These statements and decisions have been widely reported and include:

- Stating that journalists should obtain licences in order to report news;

- Refusing to broadcast images of violent protests;

- Arguing that the SABC should not report on crime because it encourages further crimes;

- Insisting on the need to broadcast 70% “happy news”.  Coincidentally, this aligns precisely with similar statements made by the President at around the same time;

- Refusing to broadcast newspaper headlines and cancelling programmes that discuss newspaper headlines;

- Refusing to air election adverts by the DA;

- Considering requiring SABC employees to wear uniforms;

- Refusing to report on the activities of political parties other than the ANC;

- Instructing the SABC not to run stories that reflect negatively on President Zuma;

- Regularly interfering with editorial decisions within the SABC; and 

- Attempting to discipline journalists who comply with the ethics of their profession and refuse to comply with his form of propaganda and censorship.

Given this latest and damning evidence, the DA calls on Mr Motsoeneng and the SABC to stop their vexatious litigation, drop his petition to the SCA and tender his resignation. This is the only way that the process to restore the SABC’s credibility can begin.

The ANC and Mr Motsoeneng cannot be allowed to turn the public broadcaster into an instrument to take out political opponents and in the process violate constitutional provisions they are duty-bound to uphold.

While going to the courts is not the most desirable course of action; other remedies have proved unsuccessful and we are optimistic that the court will decline any petitions that will result in Mr Motsoeneng keeping his job. 

Issued by James Selfe, Chairperson of the DA's Federal Executive, 12 July 2016