Board interview process faces legal threat from unions

THE parliamentary interview process that started yesterday for the 24 shortlisted candidates to serve on the SABC board is facing a possible legal threat.

This comes after the Congress of South African Trade Unions (Cosatu) and Communication Workers’ Union (CWU) threatened to interdict Parliament if it did not include labour representatives on the short list.

Communications portfolio committee chairperson, Hlengiwe Mkhize, read the letter to the committee from Cosatu and its affiliate before asking that the matter not be discussed.

“Procedurally, it has to be referred to the legal department,” she said.

In their letter, Cosatu and CWU stated that they noted the list of candidates was in violation of the requirements of an advertisement calling for public comments and the Broadcasting Act.

They cited what they regarded as a legal requirement for inclusion of persons from labour on the SABC board.

“It is critical for workers to be represented on the board,” the letter read.

They also claimed that their nominations of labour representative for short-listing were not considered as has been the case in the past.

“Cosatu and CWU are calling on the portfolio committee and Parliament to halt this process until this matter is rectified,” read the letter.

“Failure to rectify this matter will compel Cosatu and CWU to approach the courts for legal interdict until such time Parliament is in compliance with the Broadcasting Act,” it added.

But EFF’s Mbuyiseni Ndlozi said: “It looks like they are misquoting the law.” When Ndlozi asked for a copy of the letter, Mkhize would only say it would be channelled through parliamentary processes.

The DA’s Phumzile van Damme echoed Ndlozi’s sentiments that the Broadcasting Act was misquoted because it did not make provision for a labour representative on the board.

“Anyone is free to apply and we as members of this committee are free to nominate. We can’t be forced and threatened with legal action,” Van Damme said.

Mkhize said a legal opinion would be received today.

Yesterday’s interviews were initially marred by delays with the first only taking place at midday, two hours after the scheduled time.

The previous employment of advocate Benjamin Lekalakala at the Gauteng metros as a secretary of council came back to haunt him during his interview.

Van Damme asked him about his role when he reported R24billion in corruption while in the employ of the City of Johannesburg. Lekalakala said there was no talk of corruption and that there were processes in place to report it.

During her interview, internal auditor Jasmine Patel said the SABC needed stringent controls to deal with irregular expenditure and also speed up digital migration in order to bring in additional revenue.

Advocate Mathews Mofokeng confirmed he had no broadcast experience, but felt his managerial skills could be put to good use at the struggling SABC.