Huge fears over SABC Bill battle

Several media organisations are concerned that National Assembly Speaker Thoko Didiza has not withdrawn the South African Broadcasting (SABC) Bill amidst a conflict between the ANC and DA.

The SOS Coalition (SOS), Media Monitoring Africa (MMA), the South African National Editors’ Forum (SANEF), and the Campaign for Free Expression (CFE) have jointly written letters.

These letters have been sent to the Speaker of the National Assembly, the President as Head of Cabinet, and the Parliamentary Portfolio Committee on Communications and Digital Technologies (PPCCDT).

The groups said that the letters emphasise the importance of respecting due process and upholding the separation of powers doctrine.

The groups welcomed the decision by the Minister of Communications and Digital Technologies, Solly Malatsi, to withdraw the Bill in November.

The move to withdraw the Bill was seen as crucial to ensuring the long-term sustainability of the public broadcaster.

The Bill, introduced in October 2023 by Mondli Gungubele, Malatsi’s predecessor and current deputy, looked at overhauling the current Broadcasting Act.

The aim is to address SABC’s financial woes, which reached a R192 million loss over the previous financial year.

Key proposals in the Bill included restructuring the SABC Board, reforming the funding model, and revising the TV licence system.

When withdrawing the Bill, Malatsi said that the current version does not adequately address the most important element of the broadcaster’s sustainability, which is a credible funding model.

He also noted that additional powers granted to the Minister, such as influencing board appointments, would erode the broadcaster’s independence at a time when media freedom is essential.

That said, the Speaker of the National Assembly, Thoko Didiza, has yet to announce the withdrawal of the Bill.

SOS, MMA, SANEF, and CFE expressed their deep disappointment in the Speaker’s prolonged delay and the Cabinet’s ongoing unconstitutional interference in withdrawing the Bill.

The Rules of the National Assembly state that the Minister has the authority to withdraw a Bill before its second reading.

The media organisations said that Malatsi followed due process by formally notifying the Speaker of the National Assembly in writing about his withdrawal of the Bill.

The media organisations said that their letters served as a reminder that:

• The Speaker must gazette the withdrawal of the SABC Bill and has no authority to overrule the Minister’s decision. Failure to do so constitutes failure to fulfil her constitutional duties and disregards the public interest.

• The PPCCDT must respect the separation of powers and remove the SABC Bill from its agenda as it has been lawfully withdrawn by the responsible Minister.

• The Cabinet has no authority to overrule the Minister’s decision to withdraw the Bill and must respect the Rules of the National Assembly and the authority of the Minister to do so.

• They urged the Speaker, the Committee and the Cabinet to respect the separation of powers doctrine and proceed with the formal gazetting of the SABC Bill’s withdrawal in line with the Constitution and the Rules of the National Assembly as any continued deliberation of the SABC Bill by the Committee and Parliament, in general, would be unlawful.

GNU bickering

The SABC Bill is one of the several pieces of legislation that have caused issues between the two largest members of the GNU, with the latest being the Expropriation Act.

The DA Federal Council Chairperson Helen Zille recently filed court papers over the Expropriation Act, arguing that it will allow the state to take land without compensation.

The Act has received international attention, with US President Donald Trump claiming that white South Africans are having their land taken away.

Trump even signed an Executive Order which will allow Afrikaaner farmers to move to the USA as refugees.

The Presidency and Department of Internal Relations said that the latest moves by Trump are based on misinformation and propaganda.

Although the Bill will allow for expropriation without compensation, this can only occur in extreme cases, and the Constitution ensures that property rights in the country are maintained.