By REGINALD KANYANE
11 November 2024 – The Chairperson of the Portfolio Committee on Communications and Digital Technologies, Khusela Sangoni Diko said she has noted with grave concern the decision of the Minister of Communication and Digital Technologies, Solly Malatsi to withdraw the South African Broadcasting (SABC) Bill from Parliament, as reported in the Sunday Times newspaper on 10 November 2024.
Diko said the Portfolio Committee has not yet been formally notified of the withdrawal of the proposed legislation in line with the Rules of the National Assembly. She further said nonetheless, the report states that the minister has decided to withdraw the Bill, believing it is “totally flawed”, does not address the funding model of the public broadcaster and assigns too much power to the minister in appointing board members.
“While appreciative of the fact that as the executive authority, the minister may rescind the Bill for whatever reason before its second reading in the House, the Chairperson holds that this decision by the minister would be highly ill-advised, and it is no exaggeration to say it would sound the death knell for the South African Broadcasting Corporation.
“The challenges facing the SABC require a considered and urgent response, not trigger-happy action, which serves no purpose but to frustrate and disrupt processes already underway. To withdraw the Bill at this stage means to delay the implementation of crucial reforms necessary to save yet another crucial and strategic public institution,” she added.
Diko said initiated by the government in 2018 and only introduced to Parliament in October 2023, the SABC Bill seeks to, among others, provide for the continued existence of the SABC, provide for its governance and consequently amend the Independent Communications Authority of South Africa (ICASA) Act and the Electronic Communications Act (ECA). She said to date, the Bill has undergone a thorough public participation process, with 6th Parliament having received about twenty written submissions from the SABC itself, academia, youth representatives, organised labour, and other interested parties.
“The 7th Parliament, understanding the urgent challenges facing the public broadcaster, prioritised this critical legislation and held oral hearings into the submissions in September 2024. The committee diligently studied and interrogated these submissions, and all concerns raised by stakeholders were attended to.
“The Department of Communications and Digital Technologies (DCDT), which the minister leads, was expected to have responded to the issues raised during the public participation process by the 17th of October 2024,” said Diko.
She said this process was underway and agreed to by the committee and in the Minister’s presence would have provided the committee with a clear way forward to amend the Bill as provided for in the Rules of Parliament and subvert any unnecessary delays in the processing of this sorely needed legislation.
Diko said they remain convinced that the issues raised by civil society, including the Democratic Alliance (DA), relating to a lack of clarity on the funding model of the public mandate of the SABC, time limits on the President on the appointment of the SABC Board, the creation of a subsidiary Commercial Company and Board and the potential “lack of independence” in the appointment of the subsidiary Commercial Company, were not insurmountable and could have been remedied through an amendment by the committee.
She said Rule 286 of the National Assembly Rules explicitly confers authority on parliamentary committees to amend or, where necessary, redraft bills before them.
The Guardian 