By Lehlohonolo Lehana.
Media watchdog Media Monitoring Africa (MMA) has filed urgent application with the Constitutional Court on an urgent basis to compel President Cyril Ramaphosa to appoint a new SABC board.
SABC has been operating without a board since October last year. The previous board’s term ended on 15 October 2022.
The MMA, in their application, have since asked the ConCourt to direct Ramaphosa to immediately appoint a new board.
“MMA seeks an order declaring that the president has failed to fulfil this obligation diligently and without delay, and directing him to do so without further delay.
The application falls within the exclusive jurisdiction of this court, alternatively, it is in the interests of justice to grant the applicant direct access to this court,” the court papers read.
“The application is urgent owing to the fact that the SABC, a public institution serving cardinal constitutional aims, will soon have been without a board for half a financial year, which ends on 31 March 2023.”
The NPO has also argued that the president’s delay in appointing a board was unconstitutional.
“The president cannot have such a power, as it would undercut the independence of the SABC.”
The organisation has further requested the apex court to order the parties in the case to pay their legal fees, including the costs of two counsel.
Alongside Ramaphosa, Communications and Digital Technologies Minister Khumbudzo Ntshavheni, National Speaker Nosiviwe Mapisa-Nqakula and the SABC are respondents in the matter.
The respondents will have to file their court papers with answering affidavits by 23 March if they intend to oppose MMA’s application.
In December, the National Assembly recommended 12 candidates, including three additional names, to Ramaphosa for approval to serve on the SABC board.
Former SABC head of news Phathiswa Magopeni, former SABC journalist Dr Renee Horne, veteran broadcaster Mpho Tsedu, and the CEO of the Association of Comms and Technology Nomvuyiso Batyi have been given the greenlight to serve on the new board.
The other recommended candidates included Advocate Tseliso Thipanyane, Khathutshelo Ramukumba, Professor Franz Krüger, Aifheli Makhwanya, Rearabetsoe Motaung, lawyer Magdalene Moonsamy and Dinkwanyane Mohuba.
Zolani Matthews, Palesa Kadi and Quentin Green make up the three extra candidates.