By Lehlohonolo Lehana.
Parliament’s legal advisors says President Cyril Ramaphosa’s letter to Parliament questioning the number of shortlisted SABC board members was “grossly unlawful.”
This was the legal opinion of Parliament’s legal advisor, Andile Tetyana, who assessed the letter which Ramaphosa wrote to National Assembly Speaker Nosiviwe Mapisa-Nqakula on 9 March.
Ramaphosa questioned the legality of the process after 12 names were submitted to him, with three additional names also selected. Only 12 candidates can be appointed to the board by the president.
“The letter by the president is not only unprecedented, but it is grossly unlawful. The letter of 9 March has got no basis in law,” said Tetyana.
“Tetyana said if Ramaphosa has concerns about Parliament’s candidates, he must go to court.
“He cannot take the law into his own hands,” said the legal advisor.
He also pointed out that the president and his cabinet accounts to Parliament and not the other way around.
“The president must tell Parliament where he is taking this power to instruct it on how it should conduct its business,” said Tetyana.
The committee welcomed the legal advice, with opposition MPs saying they were validated.
Committee member Dianne Kohler Barnard said that Ramaphosa must appoint the board immediately.
“Let us write to the president today and insist that the board is declared immediately. It’s now been five months that they’ve been without a board and the terms of the executive three are about to end.”
Meanwhile Civil society organisations SOS Coalition and Media Monitoring Africa (MMA) have criticised the delay in Ramaphosa appointing a board.
MMA even filed an urgent application with the ConCourt at the end of February.
“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 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 court papers read.