Committee closes legal opinion on SABC board members

Regulation & Policy

The Portfolio Committee on Communications has officially closed the legal opinion that was sought following the removal of three board members of the South African Broadcasting Corporation (SABC).

The purpose of the legal opinion, which was sought from Parliament s Constitution and Legal Services Unit, was to advise the committee on the legality of the SABC board s decision.

It concluded that any removal of a SABC board member that was not in line with the provisions of the Broadcasting Act was invalid and unlawful.

The members were Ronnie Lubisi, Rachel Kalidass and Hope Zinde.

However Communications Minister Faith Muthambi told the committee that the Companies Act took precedence over the Broadcasting Act when it came to governance matters concerning the broadcaster.

Minister Muthambi told the committee that the SABC acted legally in accordance with section 71 of the Companies Act (Act No. 71 of 2008).

The Portfolio Committee on Communications has welcomed the Minister s response.

In light of the fact that there was no formal dispute and complaint from the affected members, the committee would like to consider this matter officially closed, said committee acting chairperson Dikeledi Tsotetsi.

Tsotetsi further reiterated that upon listening to the minister s response, the committee was satisfied that the SABC Board had followed due process and did not break any law to remove the three members.