Minister under fire over SABC board
Legal opinion finds Muthambi acted unlawfully in removing members
MEMBERS of parliament across all party lines are gunning for Communications Minister Faith Muthambi for acting unlawfully when meddling in the SABC board, with some opposition MPs calling for the reinstatement of board members removed by the minister.
Parliament’s communications committee had sought a legal opinion in March, after the SABC board removed members Hope Zinde, Rachel Kalidass and Ronnie Lubisi at two meetings in February.
Their removal came after Muthambi wrote to them asking why they should not be removed.
Parliamentary legal advisers yesterday briefed the committee about their legal findings on the powers to remove SABC board members.
They found that any removal of an SABC board member not effected in line with the Broadcasting Act was unlawful.
MPs from all parties were unanimous in their support of the legal opinion.
The legal finding states that Muthambi overstepped the mark and acted unlawfully in usurping the powers of the president when removing SABC board members.
Muthambi had earlier defended her decision to rely on the Companies Act to remove the members.
Legal adviser Nathi Mjenxane told the committee it was the view of the legal office that the Broadcasting Act was applicable to the removal of board members and that “any conflicting provision in the Companies Act would be preceded by the relevant provisions of the Broadcasting Act”. He said: “The only legally valid removal of an SABC board member is by the president as appointing authority or by the president on recommendation of a committee of the National Assembly.”
DA MP Gavin Davis said the legal opinion clearly stated that the removal of the board members was unlawful.
“We have the power to deal with this, not the minister.
“I propose [that the] committee draft [a] letter to each of those board members saying their removal was unlawful and that they are free to go to work,” Davis said.
Committee chairwoman Joyce Moloi-Moropa said all members agreed and accepted the legal opinion fully.
On the reinstatement of the members, Moloi-Moropa was more cautious.
The Department of Communications said it noted the legal opinion.
“The department is yet to formally receive the opinion and will await the [portfolio committee] to refer the legal opinion to it,” Muthambi’s spokeswoman Ayanda Hollow said.
ANC parliamentary spokesman Moloto Mothapo said the party welcomed the committee’s decision to engage further with Muthambi urgently.