Sunday Times

Minister running the SABC, say furious board members

- SIBONGAKON­KE SHOBA and THANDUXOLO JIKA

Musician, activist and philanthro­pist Johnny Clegg is made an Officer of the Order of the British Empire (OBE) at Buckingham Palace by Prince William last week in ’recognitio­n of his unique services to the arts, vulnerable people and children and to democracy in South Africa’. Clegg said it was a ’tremendous moment’ for him CONTROVERS­IAL SABC boss Hlaudi Motsoeneng may be out — after the high court nullified his appointmen­t — but his political boss, Communicat­ions Minister Faith Muthambi, has effectivel­y taken over the running of the SABC.

She is said to have reduced the public broadcaste­r’s board to mere spectators.

Last month, Muthambi notified the board that she had appointed William Mukhari SC to chair the disciplina­ry hearing of suspended chief operating officer Motsoeneng and that lawyer Sandile July would prosecute.

This was done without the board’s involvemen­t and has resulted in a rift between board members, with the deputy chairwoman, Leah Khumalo, accusing the chairman, Mbulaheni Maguvhe — who is close to Muthambi — of allowing the minister to usurp the board’s powers.

According to board members who spoke to the Sunday Times this week, Muthambi meddles in operationa­l matters of the SABC and goes as far as taking

NULLIFIED: SABC boss Hlaudi Motsoeneng decisions on issues meant to be handled by the board. She dismissed the allegation­s. The Sunday Times has seen correspond­ence in which Khumalo refused to approve the appointmen­t of Mukhari and July, arguing that Maguvhe should call a meeting to decide on such matters instead of asking the board to vote by e-mail.

“In terms of the rules . . . it is imperative that the chairperso­n calls an urgent meeting of the board in order to discuss the way forward. To date the chairperso­n has failed and/or neglected to call the aforesaid meeting. However,

OPERATIONA­L: Minister Faith Muthambi the chairperso­n has, on his own accord, approached the honourable minister, which is a clear breach of his fiduciary duties,” said Khumalo.

The appointmen­ts went through with the other board members voting to rubber-stamp Muthambi’s decision.

Khumalo declined to comment when contacted.

Similar allegation­s have been made by lawyers representi­ng suspended SABC group CEO Frans Matlala — who claimed that Maguvhe was allowing Muthambi to get involved in operationa­l matters.

“The minister plays an oversight role and is not involved in the day-to-day management of the SABC . . . The issue taken by our client is simply that it is wrong for you to bring the minister into operationa­l matters at the SABC,” Matlala’s lawyer Joe Mothibi wrote to Maguvhe.

The SABC board met on Thursday, but members complained the gathering was used merely as a report-back where they were informed about decisions already taken without placing them on the agenda for debate.

The update also included the suspension of Matlala.

A board member, who asked not to be named, said: “She is busy changing the social compact of the SABC — the relationsh­ip between the shareholde­r and the SABC. She appointed Jimi Matthews as the acting CEO without the board.”

On Friday, Muthambi said she would appeal the ruling by the High Court in Cape Town that the permanent appointmen­t of Motsoeneng as chief operating officer be set aside — although the board had not met to discuss its reaction to the ruling.

Motsoeneng declined to comment on the judgment, saying he was concentrat­ing on his disciplina­ry hearing, which is scheduled to sit on Tuesday.

His lawyer, Zola Majavu, said: “We . . . will await the employer’s stance on the matter as [my] client did not appoint himself.”

The SABC issued a statement through spokesman Kaizer Kganyago, announcing its intention to appeal the judgment.

A board member said Kganyago had no right to issue such a statement. “Kaizer is making decisions of behalf of the board. We have not even met to discuss this matter.”

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