Statement of the ANC in Parliament on the SABC and court judgement against ANC MP 

28 September 2016

The situation at the SABC:

The Office of the ANC Chief Whip in Parliament is gravely concerned by the ongoing situation at the SABC, which has seen the public broadcaster regularly occupying news headlines for all the wrong reasons.

As the Majority Party in this Parliament that is responsible for the appointment of the SABC board and oversight over the broadcaster, we have been observing with dismay certain decisions taken by the board – some of which have been declared unlawful by the courts. The happenings at that public institution, which are taking place under the watch of the board, continue to cause serious embarrassment not only for the SABC but for the country as a whole.

The resignation of the chief executive officer, the overturned suspensions of several editorial staff, the reported controversial new editorial policy as well as the many resignations and removal of board members does not augur well for the confidence and trust that the public ought to have in this important public asset.

The SABC's role in a democratic society is to discharge its public service mandate towards South African citizens in a manner that gives concrete meaning to the constitutional provisions that advances the rights to receive and disseminate information. The great number of South Africans rely daily on the public broadcaster for quality news and entertainment, which enables their meaningful participation in the country's democratic processes. The shenanigans that have been unfolding at the SABC only serve to distract the public broadcaster from discharging its core public service mandate.

The appointment of the corporation’s former COO, whose previous appointment was also set aside by the courts, to another senior executive position, is without a doubt the last straw that breaks the camel’s back. The decision to reappoint the former COO is in complete violation of the judgments of both the High Court and the Supreme Court of Appeal, and it points to a management that has no respect for the rule of law. The decision is unlawful and the Board has a responsibility to immediately meet and rescind it.

The deafening silence of the Board and its apparent inability or unwillingness to swiftly intervene in the ongoing situation leaves much to be desired. It is clear that this Board is failing spectacularly to exercise its fiduciary obligations to steer the organisation in line with the Broadcasting Act and other governing laws. In this regard, we will recommend to Parliament to institute an inquiry into the fitness or otherwise of the current members of the Board to lead the public broadcaster. According to Section 15 of the Broadcasting Act, the National Assembly may after a due inquiry, recommend the dissolution of the Board if it fails in any of the following:

i. Discharging its fiduciary duties

ii. Adhering to the Charter; and

iii. Carrying out its duties as contemplated in Section 13(11)

The portfolio committee on communications is empowered in terms of National Assembly Rule 227 to, amongst others, “monitor, investigate, inquire into and make recommendations concerning any such executive organ of the state, constitutional institution or other body or institution…”

We are confident that through such a process, Parliament would earnestly address and arrest the troubling and undesirable situation at the SABC in the interest of the public. Parliament would be failing in its responsibility it allowed the deteriorating situation at the SABC to continue as it is.

Court judgment against ANC MP:

We have noted the judgment of the East London Regional Court on the fraud and theft case involving ANC Member of Parliament in the National Assembly, Comrade Zukisa Faku. The Court found Comrade Faku guilty on all nine counts of fraud and theft and has been sentenced to house arrest for a period of three years. Corruption is a cancer that eats away our moral fibre as society and represents a serious onslaught against the public confidence in its public representatives.  We agree with the Judge in the case that the conduct of Comrade Faku, which includes abuse of municipal credit card when she was Buffalo City Mayor, was abusive of her position of trust.  

The ANC respects and accepts the judgment of the Court and will ensure that it is implemented fully. In terms of Section 47 of the Constitution, an MP automatically loses membership of the House if she or he is “convicted of an offence and sentenced to more than 12 months imprisonment without an option of a fine”.

The ANC will therefore begin a process of finding a replacement for the vacancy created as a consequence of this judgment.

Issued by Moloto Mothapo on behalf of the Office of the ANC Chief Whip, 28 September 2016