As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
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?BACK TO TOP