Broadcasting Amendment Bill must be subjected to thorough public consultation 

7 December 2015

The DA will write to the Chairperson of the Portfolio Committee on Communications, Ms Joyce Moloi-Moropa, to request that the Broadcasting Amendment Bill, which was introduced in the National Assembly (NA) on Friday, be subjected to a thorough public consultation process. 

As it stands, only an explanatory memorandum, and not a full draft bill, was gazetted for public comment before being introduced to Parliament. While this is allowed for in the Rules of Parliament it means that the Bill has not yet been subject to any level of public scrutiny. It is thus imperative that the Committee engage in a thorough public consultation process prior to formal deliberations on this Bill.

The DA believes that given the gravity of this Bill, which seeks to remove the powers of Parliament in appointing the SABC’s non-executive board members and thus has the potential to severely erode the independence of the country’s public broadcaster, the Portfolio Committee on Communications must open the Bill up for a wide and extensive public comment process in line with NA Rule 249 which states that “If a bill has not been published for public comment, and the committee to which the bill is referred considers public comment on the bill to be necessary, it may by way of invitations, press statements, advertisements or in any other manner, invite the public to comment on the bill.”

The DA will thus urge the Chairperson, and indeed the Committee when it reconvenes next year, to make full use of this rule to ensure that the Committee hosts public consultations to allow members of the public, civil society, academics, the media and other groups to make written and verbal representations on this Bill. 

Our law is very clear on the importance of public participation in the legislative process with respect to how the NA conducts the processing of legislation. Section 59 of the Constitution specifically provides for it, and the Constitutional Court has ruled on it in the Doctors for Life International v Speaker of the National Assembly, case. 

Specifically the Constitutional Court at par 108 of the judgement said: “Thus the Constitutional Assembly, in framing our Constitution, was not content only with the right to vote as an expression of the right to political participation. It opted for a more expansive role of the public in the conduct of public affairs by placing a higher value on public participation in the law-making process.”

We trust that the Committee will take the need for public consultation on this Bill with the seriousness it requires.

Issued by Phumzile Van Damme, DA Shadow Minister of Communications, 7 December 2015