Communications minister Solly Malatsi’s decision to withdraw the SABC Bill is causing major ructions in the government of national unity (GNU).
Not only has his deputy and former communications minister, the ANC’s Mondli Gungubele, blasted him for announcing he was withdrawing the bill, but now minister in the presidency Khumbudzo Ntshavheni, who is also a former communications minister, has alleged he does not have the power to do so. Malatsi is senior Democratic Alliance MP, who was appointed as communications minister in the GNU by President Cyril Ramaphosa.
Speaking to journalists on Wednesday, Ntshavheni said: “It’s not a private member’s bill, it’s not Mr Malatsi’s bill. It’s a bill of cabinet and the executive, so in terms of the law he cannot withdraw it without coming to cabinet to agree for its withdrawal.
“That bill was submitted to parliament after it was submitted to cabinet. The cabinet secretariat and the leader of government business will deal with that matter in the next cabinet meeting, because there’s no minister [that can withdraw it] – even myself, I can’t withdraw any bill which has been approved by cabinet,” she said.
“Whatever limitations he might find in the bill, he must come and convince cabinet” why it should be withdrawn.
Malatsi’s decision to withdraw the SABC Bill has, however, been widely welcomed by the broadcasting industry and civil society role players.
‘Catastrophic flaws’
The SOS Coalition, Media Monitoring Africa and the South African National Editors’ Forum had all called for the bill to be scrapped. That was based on their belief that it offered “no clarity, new mechanism or purpose”.
SOS, MMA and Sanef collectively made a submission to parliament in January this year in which they expressed deep concerns regarding the bill. The organisations pointed out “a series of catastrophic and unconstitutional flaws” with the draft legislation and said it should be withdrawn.
[WATCH] Minister in the Presidency Khumbudzo Ntshvheni says Communications and Digital Technologies Minister Solly Malatsi has no powers to withdraw the SABC Bill after it was approved by the cabinet.#Newzroom405 pic.twitter.com/dBkl7vOSQk
— Newzroom Afrika (@Newzroom405) November 13, 2024
The Sunday Times, which first reported the news of Malatsi’s decision, quoted the minister as saying that the bill did not adequately address the public broadcaster’s funding model.
According to the newspaper, the bill would have also given the minister – currently Malatsi – too much power over the appointment of the SABC’s board, thereby threatening its constitutionally mandated independence from the executive arm of government.
Michael Markovitz, a former SABC board member and head of the Gibs Media Leadership Think Tank, wrote this week that Malatsi made the correct decision to withdraw the bill, saying it is “not feasible to fix a bill that is essentially a copy-paste from the 1999 statute, with some constitutionally questionable and largely unexplained alterations”. – © 2024 NewsCentral Media
