Communications minister Faith Muthambi overstepped her mark and acted unlawfully and she usurped the powers of the president when she removed members of the SABC board‚ according to a legal opinion sought by Parliament.
Parliament’s communications committee obtained the legal opinion in March after Hope Zinde‚ Rachel Kalidass and Ronnie Lubisi were removed in two meetings in February.
On Monday‚ Parliament’s legal advisors briefed the committee about their legal findings on the powers to remove board members of the SABC.
Muthambi had earlier defended her decision to remove them by relying on the Companies Act.
However‚ Parliament’s legal advisors found that “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”.
Legal advisor Nathi Mjenxane told the committee that it was their view‚ in this instance‚ that the Broadcasting Act is applicable to the removal of board members and that “any conflicting provision in the Companies Act would be preceded by the relevant provisions of the Broadcasting Act”.
“The only legally valid removal of a SABC board member is by the president as appointing authority in terms of section 15(1)(a) process as outlined or by the president on recommendation of a committee of the National Assembly as set out in section 15(1)(b) read with section 15A(1) of the Broadcasting Act‚” said Mjenxane.
Muthambi’s legal reasoning in removing SABC board member flawed‚ Parliament told
Communications minister Faith Muthambi overstepped her mark and acted unlawfully and she usurped the powers of the president when she removed members of the SABC board‚ according to a legal opinion sought by Parliament.
Parliament’s communications committee obtained the legal opinion in March after Hope Zinde‚ Rachel Kalidass and Ronnie Lubisi were removed in two meetings in February.
On Monday‚ Parliament’s legal advisors briefed the committee about their legal findings on the powers to remove board members of the SABC.
Muthambi had earlier defended her decision to remove them by relying on the Companies Act.
However‚ Parliament’s legal advisors found that “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”.
Legal advisor Nathi Mjenxane told the committee that it was their view‚ in this instance‚ that the Broadcasting Act is applicable to the removal of board members and that “any conflicting provision in the Companies Act would be preceded by the relevant provisions of the Broadcasting Act”.
“The only legally valid removal of a SABC board member is by the president as appointing authority in terms of section 15(1)(a) process as outlined or by the president on recommendation of a committee of the National Assembly as set out in section 15(1)(b) read with section 15A(1) of the Broadcasting Act‚” said Mjenxane.
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