SABC will not be allowed to present evidence in camera

The ad hoc committee looking into the crisis at the SABC will not allow evidence to be presented in camera unless there are compelling reasons for it.

The inquiry goes ahead this week after the High Court in Cape Town on Friday dismissed SABC board chairman Mbulaheni Maguvhe’s application to interdict the inquiry.

Maguvhe, the last remaining nonexecutive board member, argued last week that some committee members were biased against him.

The SABC had also joined Maguvhe’s court bid.

The broadcaster wanted the court to instruct the committee to include it in the inquiry; to be allowed to call witnesses; to cross-examine; and to be given the option to present evidence in camera because of the commercially sensitive nature of some of the information requested by the committee.

The SABC fears that details of its controversial 2013 R550m deal with MultiChoice would be made public, sources said.

Judge Siraj Desai dismissed Maguvhe’s and the SABC’s application with costs and said he would provide reasons later.

Committee chairman Vincent Smith said on Sunday that he wanted the inquiry to be open and transparent.

“No evidence will be given in camera … if you feel concerned that a document you are presenting might give your competitors an advantage … then we want to first hear those arguments … if the argument is convincing then we might consider the request. We will not have a blanket approach,” said Smith.

SABC executives, including acting CEO James Aguma, would be allowed to attend the inquiry from day one as observers but would not be requested to give evidence.

The committee had resolved to interact with Maguvhe. Asked if Maguvhe would be given a fair hearing in light of the concerns he raised, Smith said: “I am going in there with an open mind …”

Smith also said the committee felt vindicated following the court ruling.

“The committee always believed that the interdict application brought by Prof Mbulaheni Maguvhe did not have prospects to succeed,” he said.

Committee member and DA MP Phumzile van Damme said: “This interdict by Maguvhe was a last-ditch attempt by one man seeking to cling to power for his own sake and to avoid accountability for his complicity in allowing the national broadcaster to degenerate to such an abysmal state.”