‘Flawed’ Bill delayed: Can SABC be saved?

The SABC may have dodged a bullet when Communications and Digital Technologies Minister Solly Malatsi withdrew the SABC Bill – which could have undermined its independence… but its future is still far from clear.

Media experts have praised the minister’s decision but the critical issue of how to ensure adequate funding for the corporation – because the licence system is ineffective – has still not been resolved.

Yesterday, the experts said the Bill was premised on an old broadcasting policy framework and it would have taken matters backwards.

SABC Bill will take matters backwards

Media Monitoring Africa’s director William Bird said Malatsi acted well in not proceeding with the Bill in its current form. The Bill would have led to the SABC’s independence being undermined.

“We need less ministerial influence – not more,” Bird said.

He was referring to the Bill’s provision that gave the minister powers to appoint SABC board members. In a strange twist, Malatsi himself seemed to be opposed to having such power.

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He said the issue along with public concerns on the editorial independence and the independence of the board are among the reasons for him to withdraw the Bill.

Caxton professor of journalism at Wits and Campaign for Free Expression executive director Anton Harber said: “The Bill was a serious problem. It would delay the solution to the funding problem. It was presented in the context of a seriously outdated policy framework, and it took us back to the days when the minister could interfere with the board and key appointments.

“Hopefully, they can now expedite a proper policy process and address the financial options.”

‘Bill a serious problem’

Bird said the government needed to urgently work on the White Paper policy process on audio and audio-visual content services because the current policy is over 25 years old.

“They also need to do urgent research on funding models for public broadcasters around the world to see what could work for SABC,” he said.

“At the same time, they need to look at the range of short-term options put forward by current and previous SABC boards for how to address financial problems.”

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Earlier, in defending his decision, Malatsi said they were seeking a credible funding model for the public broadcaster, its sustainability also responed to public hearing submissions that expressed concern around the risks pertaining editorial independence and political interference with its board’s independence.

The minister, a DA member within the government of national unity, appeared to be disagreeing with his deputy Mondli Gungubele that the Bill should not be prolonged.

Gungubele said on social media platform X: “The SABC financial stress has been there for too long. Prolonging it any further cannot be justified when most controversial matters are mostly agreed, amendment approach makes a huge sense.”

SABC financial stress

Malatsi faced criticisms for his decision after he wrote to National Assembly speaker Thoko Didiza informing her of his decision to withdraw the legislation.

The EFF said Malatsi had a hidden agenda to redirect advertising revenue from the public broadcaster to the private sector while the oversight portfolio committee chair Khusela Diko attributed the decision to political grandstanding by the DA.

Diko threatened that her committee would introduce a committee or a Private Members Bill in parliament if Malatsi failed to reintroduce the legislation by the end of the current financial year.

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Trade union federation Cosatu expressed fear that the withdrawal of the legislation could result in a delay because the minister had not stated the timeframe for the withdrawal.

“We are not sure what are his intentions. So, it’s fairly vague,” said Cosatu parliamentary co-ordinator Matthew Parks.

However, Malatsi’s decision has the backing of AfriForum, which said the Bill had not proposed a solution to SABC funding requirement and its withdrawal would give an opportunity to consider a new direction for the public broadcaster.

Decision backed by AfriForum

Harber said while he did not know the DA’s motivation, there were good reasons to go back to the drawing board.

“Cosatu is right to be concerned about delays, but there is no point in hurrying through bad legislation. More important to get it right,” he said.