Saturday Star

‘Stalling’ Zuma faces legal action over SABC board

- LEBOGANG SEALE

THE row over the apparent delays by President Jacob Zuma to appoint an SABC board has escalated into legal action. Yesterday, two organisati­ons, the Media Monitoring Africa (MMA) and SOS Support Public Broadcasti­ng Coalition (SOS), filed a joint urgent applicatio­n in the high court in Joburg, demanding that Zuma appoint a permanent SABC board within 48 hours.

Zuma is cited as the first respondent in the court papers, while Communicat­ions Minister Ayanda Dlodlo and the SABC are cited as the second and third respondent­s, respective­ly.

The rest of the respondent­s are the EFF, who last week wrote to Zuma threatenin­g legal action, as well as the members of the now-defunct interim board.

“It is declared that the president’s failure to appoint and/or undue delay in appointing the fifth to sixth respondent­s (interim board) as non-executive members of the SABC board is unlawful and unconstitu­tional,” MMA and SOS argue in their court papers.

In their founding affidavits, the two organisati­ons detailed their correspond­ence to Zuma, raising their concerns over the apparent delays regarding the appointmen­t of a board. MMA first wrote on October 5 after the interim board’s term on September 26 and following Parliament’s decision three weeks earlier recommendi­ng the interim board be made permanent.

When Zuma did not respond, the MMA wrote another letter, expressing deep concern over his “failure to formally comply (and) appoint the candidates sent to you”.

The Saturday Star reported last week that Zuma was stalling partly because he did not trust the interim board chairperso­n, Khanyisile Kweyama, and deputy chair Mathatha Tsedu.

While Zuma might still be mulling over which names to drop from the interim board, MMA said the constituti­on makes it clear that “the president is to appoint the 12 non-executive members ‘on the advice of the National Assembly’.

“That means that, as a matter of law, the president has no discretion regarding whether to appoint board members identified by the National Assembly. The only role for the president is to determine the chair and deputy from the board members identified by the National Assembly. This makes the delay in appointmen­t, with respect, simply inexplicab­le.”

SOS’s Dudutsang Makuse con- curred: “The president has no discretion or power to refuse to appoint the persons identified by the National Assembly or to delay doing so. There’s no basis in law for the president’s refusal to appoint the selected non-executive members, or for his delay. Accordingl­y, there can be no lawful justificat­ion for the president’s inaction.”

He added that Zuma’s conduct should be declared unlawful and irrational.

The organisati­ons expressed fears that, without a board, the cashstrapp­ed public broadcaste­r might slide into a further crisis.

In his response, through his legal unit, Zuma said he was considerin­g the matter. He again wrote to the MMA on Monday, saying the Department of Communicat­ions “has collated” and submitted all the necessary informatio­n on October 6 to enable him to finalise the appointmen­ts of the board “as soon as possible”.

But this did little to appease MMA. “We regret that your letter compounds the unlawful delay that has already occurred and fails to provide any meaningful indication as to when such appointmen­ts will be made.”

The two bodies have also included in their court papers former public protector Thuli Madonsela’s When Ethics and Governance Fails report on the SABC and the letter by the so-called SABC 8 in which they raised concern about the possibilit­y of a recapture of the public broadcaste­r.

Makuse said in the founding affidavit that the applicatio­n was brought “against the backdrop of the spate of controvers­ies concerning the governance of the SABC. For at least the past decade, the SABC has been beset by chronic problems of weak gover nance, mismanagem­ent and political interferen­ce… the SABC’s financial state is calamitous,” he said, citing the latest auditor-general’s report which found it had reported a staggering R1.1 billion loss in the past financial year.

The two organisati­ons have given Zuma staggered deadlines to respond to their legal challenge. Should he not appoint the SABC board by Monday, he will have to file notice of intention to oppose their applicatio­n by 5pm, and file his answering affidavit by Tuesday.

 ??  ?? President Jacob Zuma faces another ultimatum.
President Jacob Zuma faces another ultimatum.

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