More join SABC Bill fight

Several South African organisations have written to Thoko Didiza, the Speaker of the National Assembly, demanding the withdrawal of the South African Broadcasting Corporation (SABC) Bill be gazetted.

This follows Communications and Digital Technologies Minister Solly Malatsi’s attempt to withdraw the Bill in November 2024.

However, Khusela Diko, the chairperson of the Parliamentary Portfolio Committee on Communications and Digital Technologies, recently announced that the bill will continue to be processed.

As a result, The SOS Coalition (SOS), Media Monitoring Africa (MMA), the South African National Editors’ Forum (Sanef), and the Campaign for Free Expression (CFE) have written to Didiza, Diko, and President Cyril Ramaphosa.

“After months of advocacy for the withdrawal of the SABC Bill, SOS, MMA, Sanef, and CFE welcomed the decision by the Minister of Communications and Digital Technologies, Solly Malatsi, to withdraw the Bill,” the statement reads.

“However, they are now deeply disappointed by the prolonged delay on the part of the Speaker of Parliament in gazetting the withdrawal of the Bill and ongoing unlawful, unconstitutional interference by the Cabinet in the withdrawal of the Bill.”

The organisations highlight that, according to Rule 277, read with Rule 334 of the National Assembly, a Minister can withdraw a bill before its second reading.

They also note that the Speaker must gazette the withdrawal of the bill and has no authority to overrule the decision — and neither does the Cabinet.

They also said the Committee must withdraw the bill from its agenda.

“We urge the Speaker, the Committee and the Cabinet to respect the separation of powers doctrine and proceed with the formal gazetting of the SABC Bill’s withdrawal in line with the Constitution and the Rules of the National Assembly,” the statement added.

“Any continued deliberation of the SABC Bill by the Committee and Parliament in general would be unlawful.”

The bill, introduced to Parliament in October 2023, is intended to repeal the outdated Broadcasting Act of 1999, which regulates the South African Broadcasting Corporation (SABC).

However, Malatsi said it was “insufficient” to aid the deteriorating state broadcaster and withdrew it.

His attempts were immediately scrutinised by Diko and his deputy and former Minister, Mondli Gungubele.

“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 in early November.

Both argued that the parts of the bill deemed inefficient should be amended once enacted rather than withdrawn completely.

While Malatsi was unphased by the criticism, his frustrations grew as Didiza still had not gazetted the bill’s withdrawal by the end of December.

“It’s very clear that there is stalling from the Speaker’s office to withdraw the bill, which is extraordinary because that would violate the very same rules she’s supposed to uphold,” he said at the time.

Diko responded to Malatsi’s statement, saying that “the committee has never accepted the withdrawal of the Bill by the Minister” and sought clarity on the Minister’s authority to withdraw a bill.

Malatsi’s withdrawal of the bill caused ructions in President Cyril Ramaphosa’s Cabinet and evoked a swift response from the ANC-controlled executive branch of government.

Malatsi is a DA minister of parliament who is serving in Ramaphosa’s Government of National Unity.

Following Malatsi’s executive action, Deputy President Paul Mashatile wrote to Didiza, informing her that Cabinet ministers had been stripped of the authority to unilaterally withdraw bills before their second reading in Parliament.

Withdrawing bills now requires permission from Ramaphosa and Mashatile.

While Democratic Alliance leaders in the Government of National Unity (GNU) believe the new Cabinet rule cannot be applied retroactively, Minister of the Presidency Khumbudzo Ntshavheni disagrees.

Despite the resistance, Malatsi’s spokesperson, Kwena Moloto, recently told MyBroadband that the Minister remains steadfast in his position and will explore legal avenues to reinforce the decision to withdraw the bill.

“Any legal recourse, should it be required, would be aimed at ensuring adherence to parliamentary rules,” Moloto said.

However, Diko said the Committee plans to finalise the Bill by June this year.