Big fight over controversial SABC Bill

Communications and Digital Technologies (DCDT) Minister Solly Malatsi has remained steadfast in his decision to withdraw the controversial SABC Bill, with legal action on the table.

The move to withdraw the Bill, which Malatsi sees as vital to ensure the long-term sustainability of the public broadcaster, has ruffled many feathers in the ANC and ignited debate about parliamentary procedure.

While the Minister has withdrawn the Bill, Speaker of the National Assembly Thoko Didiza has yet to gazette the decision.

“Malatsi remains confident in the procedural correctness of his request and reserves his right to explore all available options, including legal avenues, depending on the response received from the Speaker,” the Minister’s spokesperson Kwena Moloto told BusinessTech.

The SABC Bill, introduced in October 2023 by Malatsi’s predecessor Mondli Gungubele, who is now his deputy, aimed at overhauling the current Broadcasting Act.

This is in the hope of addressing the SABC’s financial woes, which recorded a R192 million loss in the previous financial year.

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

However, concerns were plentiful, and Malatsi, invoking National Assembly Rule 334, withdrew the Bill on November 10, 2024.

When he did this, Malatsi said that the current version “does not adequately address the most important element regarding the SABC’s sustainability: a credible funding model that will steer the public broadcaster to success.”

“The Bill would also grant the Minister of Communications additional powers, including influence over board appointments, which risks eroding the broadcaster’s independence at a time when media freedom is more crucial than ever,” he added.

Backlash

This decision triggered a wave of criticism from within the ANC, with many claiming they were not consulted and labelled the move “unconstitutional” and a “violation of Parliament.”.

Minister in the Presidency, Khumbudzo Ntshavheni, contested Malatsi’s authority to withdraw the bill without Cabinet approval, asserting it was an executive Bill and that he overstepped his authority.

This view was disputed by several NGOs opposing the bill, including the Support Public Broadcasting Coalition, Media Monitoring Africa, and the South African National Editors’ Forum.

The conflict escalated when Deputy President Paul Mashatile then informed Speaker Didiza of a Cabinet resolution stripping ministers of the unilateral power to withdraw bills from Parliament.

Khusela Diko, Chairperson of the Portfolio Committee on DCDT, vehemently condemned Malatsi’s actions, deeming them unconstitutional and arguing that the committee never accepted the withdrawal.

Diko dismissed Malatsi’s concerns about the bill as “unfounded” and challenged his assertion that it lacks an effective funding model.

She insisted that a funding model should be developed within the existing framework of the SABC Bill, and added that it will be among the first orders of business for the portfolio committee in 2025.

Meanwhile, Malatsi recently told the Sunday Times that it is “very clear that there is stalling from the Speaker’s office to withdraw the bill”.

“This is extraordinary because that would be in violation of the very same rules she’s supposed to uphold, it would be unprecedented.”

Malatsi’s response

Despite this backlash, Malatsi has stood firm in his decision. Moloto said that the Minister acted in accordance with parliamentary procedures and further asserted that Malatsi remains confident in the procedural correctness of his actions.

Malatsi is prepared to explore all available options, including legal avenues, depending on the Speaker’s outstanding response on its withdrawal.

“Any legal recourse, should it be required, would be aimed at ensuring adherence to parliamentary rules,” said Moloto.

This is rooted in Malatsi’s concerns about the SABC Bill, particularly its failure to adequately address the broadcaster’s long-term financial sustainability, especially in the evolving digital landscape.

“Without a clear, immediate, and effective funding model, there is a risk of enacting legislation that lacks practical implementation mechanisms,” said Moloto.

The Minister is committed to reviewing and revising the SABC’s funding model to align with contemporary broadcasting realities that enable the SABC to remain competitive while fulfilling its public broadcasting mandate.

Moloto outlined the key next steps in this process:

• Evaluating existing revenue streams;
• Exploring innovative solutions for revenue generation, particularly those leveraging digital transformation;
• Undertaking technical assessments and consultations with key stakeholders.

Moloto said that the withdrawal of the Bill would allow for the work to proceed, ensuring its reintroduction includes clear provisions for a viable funding model.

He stressed the Minister’s commitment to engaging constructively with Parliament and stakeholders, noting a strong professional relationship with the Portfolio Committee.

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