SABC chair takes probe battle to court

LONE SABC board member Professor Mbulaheni Maguvhe has taken his fight against parliament to the Western Cape High Court to interdict its investigation into the public broadcaster, just a day before it was meant to resume its inquiry.

Maguvhe also wants the members of parliament “disqualified” from being part of the ad hoc committee set up to probe the SABC board’s fitness to hold office.

In his last-ditch effort to have the inquiry halted, Maguvhe states in papers lodged with the Western Cape High Court yesterday that the ad hoc committee, chaired by ANC MP Vincent Smith, should be “reconstituted”.

But Maguvhe will have to wait a bit longer after the matter was postponed to Friday.

Maguvhe sought an order “directing that the ad hoc committee on the SABC is suspended and prohibited from continuing to perform the inquiry until the national assembly has complied with order in paragraph three”.

The paragraph Maguvhe is referring to relates to the summons sent to him to appear before the inquiry.

“On the basis of legal advice, I instructed my attorneys to address an urgent letter to the chairperson of the ad hoc committee to inform him of the difficulties with the summons,” Maguvhe says.

He adds that despite the “difficulties”, he was advised that it was “important to bring urgent proceedings in the honourable court for an order setting aside the summons”.

“If such an order is not sought and obtained, the ad hoc committee may, on the basis of my failure to comply with the summons, institute criminal proceedings against me, with very serious consequences for my freedom and dignity,” Maguvhe says.

The ad hoc committee is supposed to begin today and continue for two weeks.

The committee’s proposed witness list has up to 30 names, including former board members and former employees, as well as Minister of Communications Faith Muthambi.

Speaker Baleka Mbete is listed as the first respondent with secretary to parliament Gengezi Mgidlana as the second respondent.

The ad hoc committee is the third respondent, as are other members of the portfolio committee not part of it.

Smith said he found the timing of the interdict “disconcerting that it happened in the last minute”.

“But what I can tell you is that the ad hoc committee meeting at 9am will continue.

“The actual inquiry only starts at 2pm. A decision on a way forward will be taken after the 9am meeting,” Smith said.

Some of the listed respondents, and those that Maguvhe wants “disqualified” – such as the IFP’s Liezl van Merwe – are not even members of the communications portfolio committee.

Former CEOs Frans Matlala and Lulama Mokhobo are among those who will be called to give evidence at the parliamentary inquiry into the board’s fitness to hold office.

Phil Molefe and Jimmi Matthews, who are both former SABC heads of news and have also acted as CEOs, are also among the 30 witnesses that have been lined up by the ad hoc committee.