The DA has welcomed a legal opinion that states the removal of three SABC board members was unlawful.
“We have said all along that the Minister acted irrationally and unlawfully when she threatened board members with removal, and again when she acted on that threat by having them removed,” said the DA.
The legal opinion presented to the Communications Portfolio Committee found that, among other things, the SABC board has no power in law to arbitrarily remove a member of the board.
“The SABC board does not have the legal competency to conduct an inquiry into an SABC board member’s fitness to hold office,” stated the DA.
“Members of the majority party argued that the Minister should be given an opportunity to come before the Committee to state her legal case for the removal of the three board members. The problem with this proposal is that, as the legal opinion found, the Minister had no business interfering with the appointment and removal of board members in the first place.”
The legal opinion concludes: “any removal of a SABC board member that is not effected in line with the provisions of the Broadcasting Act as stated above is invalid and therefore unlawful.”
“We hope that Minister Faith Muthambi has learned a valuable lesson. If she wants to stabilise the SABC, she needs to stop interfering with the board and the work of the Communications Portfolio Committee,” said the DA.