Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
SABC and the ANC – dangerous moves
News reports suggest that the ANC in Parliament wants to amend the Broadcasting Act to give Parliament the power to hire and fire the SABC Board.
This is a dangerous and astonishingly stupid idea because it would make the SABC Board directly beholden to the majority party in Parliament. If the National Assembly can fire the SABC board they will be tempted top put pressure on the board to toe the party line or be fired. This will scupper any last vestige of independence at His Masters Voice.
Can one trust any majority partuy in parliament not to abuse such power? The answer is, of course, that one cannot. Besides section 192 of the Constitution states that national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.
This suggests that broadcasting must occur in the public interest and that the SABC should not be beholden to the majority party whims in Parliament.
What is required is not more political control of the SABC but LESS political control. The reason why there is such a mess at the SABC is exactly because Mbeki forced the National Assembly to appoint a Board it had not selected. This was probably illegal but now it is a bit late to do anything about it.
Much better would be to amend the Broadcasting Act to ensure that the appointment of the SABC Board is de-politicised. But the chances of this happening is about as slim as the chances of Robert Mugabe having tea with Morgan Tsvangirai.
Ai politicians. What did we do to deserve them?
