Ramaphosa accused of ‘dirty games’ as wrangling over SABC board continues

The SABC board saga continues unabated after MPs failed to agree on what to do with the 15 candidates following President Cyril Ramaphosa‘s questioning of the legality of their processes.

Members of the communications portfolio committee met on Tuesday night to resolve Ramaphosa’s concerns and decide on the final list for the long overdue SABC board appointments.

Parliament’s senior legal advisor Advocate Frankie Jenkins threw the spanner in the works when he told MPs that the Broadcasting Act does not make provision for 15 candidates, but 12 for the president to finally appoint.

Bad legal advice?

Committee chairperson, ANC MP Boyce Maneli, raised concerns about the kind of legal support they received throughout the interviewing and selection process last year.

“We gave these 15 names after a rigorous process, and let’s also remember that we were given legal advice during the process with no issues raised.

“There were problems with some of the candidates last year we worked it out with the legal department. We will need to look into the legal people we had during that time.”

ALSO READ: Ramaphosa blames Parliament for ‘unlawful’ SABC board processes

The 12 recommended candidates included former SABC head of news, Phathiswa Magopeni, who was dismissed from the public broadcaster last year, as well as former SABC journalist Dr Renee Horne, veteran broadcaster Mpho Tsedu, and the CEO of the Association of Comms and Technology, Nomvuyiso Batyi.

The board list included additional three candidates that served as a reserve list, bringing the names to 15.

No legal basis for governance concerns

In a letter to Speaker Nosiviwe Mapisa-Nqakula in January, former communications and digital technology minister Khumbudzo Ntshavheni questioned the inclusion of Magopeni on the list of 12 names.

She asked Parliament if the prescripts of the King IV Report on corporate governance were taken into consideration because Magopeni is a former SABC employee.

She, however, didn’t raise any concerns about Tsedu and Horne, who are also ex-SABC staffers.

According to Jenkins, the King IV Report doesn’t apply to parliamentary interviews and selection.

“Parliament has adopted a resolution on the 12 names. Unless there’s a reason in law why any of them can’t be appointed, I don’t see how the Parliament can reverse the decision.

“The King IV Report doesn’t provide such reasons in law. There might be politics in this issue, but that’s how I see the legal aspects of this matter.

He said the King Report applied to good governance in the selection of committees at large companies such as the SABC.

Ramaphosa ‘playing a dirty game’

Most of the MPs, except the ANC’s Lesiba Molala, supported a suggestion that the three reserve names be set aside and the 12 names forwarded to Ramaphosa through Mapisa-Nqakula be accepted.

READ MORE: Boardless SABC’s operation hamstrung while Ramaphosa dithers

Molala said changing the submission meant even amending the 12 names.

“We can’t amend only what suits us. If we amend anything it means we didn’t do everything right.

“I request that we have a caucus as the ANC and come back, or engage further in the portfolio committee. I don’t agree that we do away with the three-name list and ignore the other.”

Democratic Alliance (DA) MP Dianne Kohler-Barnard said it was impossible to re-do the interviewing process that took months to complete last year.

“Putting the 12 names forward will work. We combed through everything step by step with no issues. Everyone voted and names were submitted.

“We cannot re-do the interviews, it’s impossible. We’ve done this by the book and took legal advice all along. Let it be like that without having to start the process from scratch,” she said.

EFF MP Vuyani Pambo argued that there was no amendment because the 12 names are the actual board candidates.

“Molala is being dishonest. There were always these two options. We all agreed on the 12 names, no one is confused. Their bona fide has been tested through a lengthy process.

“What other process does he want now if not to frustrate all this? We’ve been asked to clarify here. Chairperson, doing what Molala says will set a precedent, that after five months we come back and subject this committee to work it had already finished.”

Pambo further accused Ramaphosa and Ntshavheni of abuse of power.

“The advocate spelt it out clearly, it didn’t have to come this. You can ask anyone who the 12 to be appointed are, and they would know. This is another tactic by the president and his minister to stall this process because the 12 names are not favouring him, he’s trying to find a way to get rid of those names.

“This is an abuse of power by the president, including the minister. This is an abuse of power. We did nothing wrong, we undertook the process. Dirty games are being played here, he found a loophole to undermine the committee, and actually undermine Parliament,” said Pambo.

He urged Ramaphosa to appoint the 12 candidates and “stop making excuses”.

Maneli postponed the sitting to allow for further consultations.

Constitutional Court yet to hear board case

The board debacle has landed before the Constitutional Court, where interest groups Media Monitoring SA (MMA) and the SOS Coalition filed papers to force Ramaphosa to appoint the board.

In his affidavit, Ramaphosa essentially blamed Parliament for the delays. He said he requested Parliament to have another look into its processes, raising “procedural concerns” and questioned the legality of the reserve pool.

The president accused Parliament of unlawful processes in handling board interviews and selection, adding that the matter was beyond his control.

The MMA and SOS coalition’s application, said Ramaphosa, had no basis as he has acted in accordance with the constitution and the Broadcasting Act.

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