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Civil Society Coalition: Save Our SABC - Reclaiming our Public Broadcaster 10 September 2008

Oral representations to the Select Committee on Labour and Public Enterprises in respect of the Broadcasting Amendment Bill. Civil Society Coalition: Save Our SABC - Reclaiming our Public Broadcaster 10 September 2008. Save our SABC. Presenter – Kate Skinner (SOS Campaign Coordinator)

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Civil Society Coalition: Save Our SABC - Reclaiming our Public Broadcaster 10 September 2008

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  1. Oral representations to the Select Committee on Labour and Public Enterprises in respect of the Broadcasting Amendment Bill Civil Society Coalition: Save Our SABC - Reclaiming our Public Broadcaster 10 September 2008

  2. Save our SABC Presenter – Kate Skinner (SOS Campaign Coordinator) • “Save our SABC” Campaign launched June 2008 • Purpose – to find short, medium and long term solutions to the SABC crises • Members - trade unions, NGOs, CBOs, training institutions, producers, academics and freedom of expression activists

  3. Save our SABC We welcome the Broadcasting Amendment Bill, a significant improvement on the Draft Broadcasting Act Amendment Bill. • However, we should not be looking at piecemeal amendments to the Broadcasting Act. Ultimately to solve the SABC crises we need: • assessments of the root causes of the problems; and • a Green Paper/White Paper process leading to the promulgation of a new SABC Act. • However, if key changes to the Amendment Bill are made as suggested, we will support it as a short term measure.

  4. Save our SABC • The Broadcasting Amendment Bill focuses primarily on removal of board members. To begin to solve the immediate crises at the SABC it needs to deal with: • Appointments to the board including the appointment of executive members to the board • Appointments to the Executive Committee • Quorum issues • Criteria for appointment to the interim board • Removal of non-executive members by Parliament and of executive members by the non-executive members.

  5. Save our SABC • Appointments – The crises at the SABC started with problems around appointments. To restore the credibility of future SABC Boards there needs to be greater transparency and public participation in appointment processes. We need: • shortlists of candidates to be published with the names of nominees • public interviews for short-listed candidates • MPs to give a written evaluation including reasons for the selection of candidates to the shortlist

  6. Save our SABC • Appointments continued – To begin to resolve the ongoing tensions between the non-executive and executive members of the Board and gaps around the appointment of SABC executive committee members we need: • an amendment that deals with the appointment of executive members to the Board, presently a serious gap in the Broadcasting Act and a cause of the crisis • an amendment that deals with the appointment of the executive committee, a further gap in the Broadcasting Act

  7. Save our SABC • Quorum issues – The present clause is unworkable for the interim board. The quorum for a normal board meeting is 9 but the interim board includes only 8 members. Without amendments to the quorum clause the interim board will not be able to sit. • Criteria for appointments to the interim board – given the extraordinary nature of an interim board it is critical that appropriate criteria for appointment be enacted.

  8. Save our SABC Presenter: Prakashnee Govender (COSATU) • Removal clauses (individual Board members) • We support the criteria for removing individual board members but we disagree with the proposal to allow board members to remove a non-executive board member – on principle all non-executive appointments and removals should go through Parliament • Removal clauses (Board members as a collective) • It needs to be made explicit that only the non-executive members of the Board will be removed in this process or else interim board provisions are unworkable • “Due process” needs to be entrenched

  9. Save our SABC • In the medium term, through a Green Paper / White Paper process the Coalition still believes strongly that the following issues need to be dealt with: • Composition of the Board • Disqualification criteria to be augmented

  10. Save our SABC Presenter – Justine Limpitlaw • We have (pg 7/8) proposed a number of amendments to section 13 of the Broadcasting Act - 13(2)(7)(8)(8A) - specifically to strengthen and improve the Board appointments provisions to avoid repetitions of the current crises: • Improved processes for appointment of non-executive directors • Publication of shortlisted candidates and their CVs and the names of those nominating them • Public interview process of shortlisted candidates • Written evaluation of shortlisted candidates to be done by Parliament (pg 7) • Clarifying that the non-executive Board members appoint executive Board members in line with corporate government principles (pg 8)

  11. Save our SABC • We have (pg 8/9) proposed a number of amendments to section 13(10) of the Broadcasting Act - specifically to deal with the requisite quorum for ordinary and interim board meetings otherwise interim board provisions will be unworkable • Quorum for ordinary board meetings: nine • Quorum for interim board meetings: six • Chairperson or Deputy Chairperson must be present (pg 9)

  12. Save our SABC • We have proposed (pg 9) amendments to section 14 of the Broadcasting Act to provide for the appointment of the executive committee in line with corporate governance principles ie by the CEO after consultation with the Board

  13. Save our SABC • We have proposed (pg 9-11) significant amendments to section 15 of the Broadcasting Act ie removals section: • Removal of non-executive members by the Board is not appropriate – Parliament must be involved • propose to delete 15(1)(a) of the Bill so that s15(1)(b) of the Bill with appropriate cross-referencing to s15A(1)(a) becomes section 15(1) of the Bill – (pg10) • Broadcasting Act is silent on removal of non-executive board members – cause of current crises • propose new section 15(3) that executive members be removed by non-executive members on grounds set out in section 15A(1)(a) – (pg 10)

  14. Save our SABC • We have proposed (pg 9-11) significant amendments to section 15 of the Broadcasting Act ie removals section: • Provisions of the Bill dealing with removal of entire board must make reference to due process and a finding by a NA Committee • propose section 15A(1)(b) to refer to due process including an enquiry by a NA Committee (pg 11) • Provisions of the Bill dealing with removal of entire board must make reference to non-executive members only to avoid the interim board provisions being unworkable • propose section 15A(2)(c) to refer to non-executive members only (pg 11)

  15. Save our SABC • We have proposed (pg 11/12) significant amendments to proposed section 15A ie interim board. Provisions of the Bill dealing with interim board must: • clarify distinction between executive and non-executive appointments or else will be unworkable • contain qualification criteria for non-executive interim board appointments • contain time limits for NA recommendations for appointment of non-executive interim board members to avoid SABC being unable to operate • We have proposed clause 15A(3)(a) to take account of all of the above

  16. Save our SABC THANK YOU QUESTIONS?

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