Broadcasting Amendment Bill [B72B-2008]: further amendment after referred back by President

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Communications and Digital Technologies

10 February 2009
Chairperson: Mr I Vadi (ANC)
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Meeting Summary

The Broadcasting Amendment Bill provided for the South African Broadcasting Corporation board to be removed. However it appeared that it did not provide for a proper hearing. Clause 3 would require amendment by the Committee. Opposition parties had condemned the clause as unconstitutional and a recipe for legal challenge when they petitioned President Kgalema Motlanthe not to sign the Bill into law.

In correspondence with Parliament, the President had said that the Bill was not unconstitutional, but expressed reservations about Clause 3 of the Bill in that no procedure had been outlined by which the Board could be removed by the National Assembly. It was important to ensure that administrative action was not denied to any party and therefore the Bill had been referred back to the Committee.

The ANC tabled its suggested amendments to the Bill.

The Democratic Alliance welcomed and supported the amendments but still opposed the Bill, as the idea of the wholesale dissolution of the Board was destructive.

The Freedom Front Plus also supported the amendments that addressed the problems they had foreseen, but could not support the Bill, as it believed the South African Broadcasting Corporation should be independent and removed from the Executive.

The Bill was adopted with amendments.

Meeting report

The Chairperson said that it had been only now that he had officially received correspondence from the Presidency on this matter. He had called an urgent meeting the previous day but a number of Members had not received notice of the meeting. Thus the meeting was reconvened so that all the members of the opposition could be present when discussing such an important issue, particularly since they had petitioned the President in the first instance.

He thanked Dr P Mulder (FFP) and Ms D Smuts (DA) for being present.

He noted that the matter was scheduled for debate in the National Assembly on 17 February 2009.

He referred members to the correspondence from the President which had been circulated. The President had felt that it was good for democracy if the Executive exercised review and scrutiny over legislation that Parliament passed, particularly on constitutional issues. The President had specifically stated that the Bill was not unconstitutional but had expressed reservations with regard to Clause 3 of the Bill, in that no procedure was outlined by which the Board could be removed by Parliament. It was important to ensure that administrative action was not denied to any party and therefore the Bill had been referred back to the Committee.

The Chairperson thanked the opposition. They had been very vigilant on this matter and he had not expected them to petition the President. He thanked all of them because that vigilance was important for democracy.

He referred to the changes that the ANC now proposed and invited the Whip of the ANC to talk to that document.

Mr K Khumalo (ANC Whip) thanked the members of the ANC for their commitment in ensuring that the institutions that accounted to Parliament, likewise accounted to the Presidency. He proceeded to read through the ANC’s proposed amendments to Clause 3 of the Bill. The ANC proposed the following:

1. On page 3, in line 13, after “may,” to insert “after due enquiry and”.
2. On page 3, in line 24, after “may,” to insert “after due enquiry and”.


The Chairperson thanked Mr Khumalo.

Ms D Smuts (DA) indicated that both she and Dr Mulder would be in present in the National Assembly chamber on 17 February 2009 for the debate. On behalf of the Democratic Alliance, she welcomed and supported the amendments, but still remained opposed to the idea of the wholesale dissolution of the Board, which would be destructive. The DA would therefore still oppose the Bill.

Dr P Mulder (FFP) said that the Freedom Front Plus also supported the amendments that addressed the problems they had foreseen, but could not support the Bill as they believed the South African Broadcasting Corporation (SABC) should be independent and removed from the Executive.

Mr R Pieterse (ANC) suggested that there be a proper debate in the National Assembly on 17 February 2009.

The Chairperson formally tabled the motion of desirability, which was adopted with amendments.

Being the last meeting of the Committee, the Chairperson thanked members for their support and cooperation.

The meeting was adjourned.

Present

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