Warning about minister killing SABC law

The chairperson of Parliament’s portfolio committee on communications, Khusela Diko, has slammed the Minister of Communications and Digital Technologies’ decision to withdraw the SABC Bill.

In a statement on 10 November 2024, Diko noted the development with “grave concern” and said the committee had not yet been formally notified of the proposed legislation’s withdrawal, in accordance with the National Assembly’s rules.

“While appreciative of the fact that as the executive authority, the minister may rescind the Bill for whatever reason before its second reading in the House, the chairperson holds that this decision by the minister would be highly ill-advised,” Diko said.

“It is no exaggeration to say it would sound the death knell for the SABC.”

The response comes after the Sunday Times reported that communications minister Solly Malatsi had written to Parliament speaker Thoko Didiza announcing he was withdrawing the “totally flawed” bill.

Malatsi had concurred with several critics of the bill that it offered no credible funding model to help urgently resolve the SABC’s dire financial situation.

Among the biggest sore points with the bill in this regard was a proposal that the minister develop a sustainable funding framework for the broadcaster within three years.

This funding model was intended to replace the TV licence fee, which is largely considered outdated and has seen a surge in non-payment in recent years.

Critics like Media Monitoring Africa and the SOS Coalition for Public Broadcasting complained that three years would be too little, too late, considering the SABC was already failing to break even.

The minister also agreed with criticism from entities like the South African National Editors’ Forum, who argued that the bill would give the government undue influence over editorial matters at the broadcaster.

However, in her response, Diko accused the minister of being “trigger-happy” by killing the bill.

“[It] serves no purpose but to frustrate and disrupt processes already underway,” Diko said.

“To withdraw the Bill at this stage means to delay the implementation of crucial reforms necessary to save yet another crucial and strategic public institution.”

Diko explained the bill had already undergone a thorough public participation process since first being introduced in October 2023, five years after its drafting began.

She said the sixth Parliament had received about 20 written submissions about the bill from the SABC itself, academia, youth representatives, organised labour, and other interested parties.

“The 7th Parliament, understanding the urgent challenges facing the public broadcaster, prioritised this critical legislation and held oral hearings into the submissions in September 2024.”

Diko said the committee had diligently studied and interrogated the submissions, and all stakeholders’ concerns were attended to.

She said that the Department of Communications and Digital Technologies (DCDT) was expected to have responded to the issues raised during the public participation process by 17 October 2024.

“This process underway and agreed to by the committee and in the minister’s presence would have provided the committee with a clear way forward to amend the bill as provided for in the rules of Parliament and subvert any unnecessary delays in the processing of this sorely needed legislation,” Diko said.

Committee amendment could fix issues with bill

Diko said she remained convinced that issues with the bill raised by civil society were not insurmountable and could have been remedied through an amendment by the committee.

“Rule 286 of the National Assembly Rules explicitly confers authority on parliamentary committees to amend or, where necessary, redraft bills before them,” Diko said.

“Thus, the chairperson strongly believes that an attempt to withdraw this bill from Parliament will delay and derail the transformative and developmental interventions the government has been pursuing in state institutions.”

“We urge the DCDT to accelerate the process of reworking the bill and reintroducing a new version to Parliament within the current financial year,” Diko said.

“The committee will invite the minister to indicate how, in the interim, the financial situation at the public broadcaster shall be improved to ensure sustainability until this much-needed legislation is amended and the issues attendant to it are resolved.”

“Failure to reintroduce the bill timeously will leave individual members of the committee or the committee itself with no option but to entertain introducing a committee or Private Members’ bill in the best interest of the SABC for consideration by Parliament.”

The Constitution allows MPs and committees to initiate legislation, which Parliament can pass after due consultation without the involvement of the Cabinet.

This is at least the second time in which Diko has bumped heads with minister Malatsi over issues with state-owned entities falling under his department.

Diko previously also took issue with Malatsi’s statement that the South African Post Office had to be partially privatised to become successful and that its monopoly on parcels weighing under 1kg should not be maintained.