SABC Board: shortlisting for interviews; ICASA Board Chairperson discussion

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Communications

28 February 2019
Chairperson: Ms H Mkhize (ANC)
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Meeting Summary

The Committee met to proceed with the shortlisting of candidates for the SABC Board. In the previous meeting, Members had agreed to stall the shortlisting and first conduct exit interviews with former and current board members to ascertain the real challenges facing the public broadcaster and the reasons why they resigned. However due to time constraints, the Committee decided to no longer pursue the exit interview option and proceed with the shortlisting.
 
The Committee shortlisted 24 candidates to be interviewed for 8 vacancies on the SABC board.
 
The following candidates were agreed on as nominated by the respective parties:
ANC:
-Mr Gift Buthelezi
-Adv Motshedi Benjamin Lekalakala
-Mr Nkosana Mbokana
-Adv Mathews Mofokeng
-Ms Mamoduphi Mohlala-Mulaudzi
-Ms Bernedette Muthien
-Ms Jasmina Patel
-Adv Nakedi Ribane
-Mr Siphile Buthelezi
-Prof Saths Cooper
-Ms Nokuzola Ehrens
-Mr David Maimela
-Mr Mpiyakhe Mkholo
-Adv Lufuno Nevondwe
-Ms Mary Papayya
-Mr Livhuwani Matsila
-Mr JS Danana
 
DA:
-Mr Rowan Nicholls (CA)
-Ms Mmabatho Ramagoshi
-Mr Malema Ramoshaba
-Mr Tsiesi Itani
-Mr Mfanolezwe Shozi
 
EFF:
-Dr Marcia Socikwa
-Ms Lulama Mokhobo
 
A Report on the shortlisting was adopted.
 
The Committee decided that the MDDA shortlisting will take a back seat for now.
 
Members sought a resolution declaring that the ICASA Board Chairperson is no longer suitable or qualified to serve in that position and should be removed following his conviction. The Committee agreed that the resolution will be considered at the next meeting.
 

Meeting report

Opening remarks
The Chairperson noted that when the meeting adjourned on Tuesday, there was an agreement that exit interviews would be conducted with former and current SABC board members. There was a development in Parliament around the programme regarding holding the exit interviews close to the rising of the Fifth Parliament. That would be problematic. Therefore, the Committee would need to do its work. So for now the Committee would need to do the critical work, and perhaps the exit interviews may be conducted by the shareholder.
 
The Chairperson also apologised if this may have caused any inconvenience.
 
According to the programme, she felt that it would be difficult to conduct the shortlisting for both the SABC and the MDDA, so a decision was taken to focus on the shortlisting of the SABC. She proposed that perhaps the Committee could now focus on the shortlisting of the SABC candidates.
 
Mr N Xaba (ANC) concurred with the shortlisting of the SABC Board and suggested that the MDDA shortlisting may be abandoned. 
 
Ms V Van Dyk (DA) said that in previous meetings she had pointed out that rumour has it that USSASA and MDDA would merge, and it was said that there would be feedback on that matter. She wanted to know how the process of the MDDA Board nominees would affect the merger; how it should take place and influence the process of the MDDA shortlisting.
 
Ms P Van Damme (DA) said she was pleased that the shortlisting was happening, and that sanity prevailed. She then proposed that the vetting process should take place immediately so that it would not be another matter that causes a delay. The vetting can start immediately, in fact, before the interviews take place. Although some Members felt very strongly about the exit interviews; there was no time to for this.
 
Ms M Matshoba (ANC) agreed with the motion to deal with only the SABC Board for now.
 
Dr M Ndlozi (EFF) said Members were ready to shortlist so the Committee may proceed in that direction.
 
Mr M Kalako (ANC), in response to Ms Van Dyk, said that he had also heard the rumours but they are not enough to stop the Committee from conducting the shortlisting. The rumours can be dismissed for now until the Minister formally informs the Committee or confirms those rumours, and that would be entertained appropriately. For now it was not sufficient to hold back the shortlisting for the MDDA.
 
The Chairperson addressed Ms Van Dyk and said that the Committee had not yet reached the point of shortlisting for the MDDA and for now it needs to prioritise the SABC shortlisting.
 
Mr Kalako requested a short recess for Members to interact as parties to decide on their candidates in order to avoid spending time arguing on the names to be shortlisted.
 
Dr Ndlozi said that the parties have reconciled a shortlist of names to be presented which is a preliminary stage. Members would still interact with the candidates through interviews, notwithstanding the vast disagreements on some of the names.
 
Ms Van Damme said Members have agreed on 24 names. She expressed that she was happy with progress made so far.
 
Mr Kalako echoed that Members have checked the CVs of the candidates but the real matter was indeed the interviews in determining the suitable candidates.  He proceeded to read out the ANC names, which were:
-Mr Gift Buthelezi
-Adv Motshedi Benjamin Lekalakala
-Mr Nkosana Mbokana
-Adv Mathews Mofokeng
-Ms Mamoduphi Mohlala-Mulaudzi
-Ms Bernedette Muthien
-Ms Jasmina Patel
-Adv Nakedi Ribane
-Mr Siphile Buthelezi
-Prof Saths Cooper
-Ms Nokuzola Ehrens
-Mr David Maimela
-Mr Mpiyakhe Mkholo
-Adv Lufuno Nevondwe
-Ms Mary Papayya
-Mr Livhuwani Matsila
-Mr JS Danana
 
Ms Van Damme proceeded to read out the Democratic Alliance’s list
-Mr Rowan Nicholls (CA)
-Ms Mmabatho Ramagoshi
-Mr Malema Ramoshaba
-Mr Tsiesi Itani
-Mr Mfanolezwe Shozi
 
Mr Ndlozi pointed out the EFF names as:
-Dr Marcia Socikwa
-Ms Lulama Mokhobo
 
The Chairperson thanked the Members for the input.
 
Ms Van Damme said with regards to the ICASA Council Board Chairperson, the Committee had previously indicated that it would draft a letter that he was no longer suitable or qualified to be the Chairperson of the Board. She asked for a follow up on the matter and whether a letter of resolution to dismiss him had been drafted.
 
Mr Kalako concurred with Ms Van Damme that the Committee needed to also make use of the available time to conclude on this matter.
 
The Chairperson welcomed the Member’s inputs on the ICASA matter but requested the Committee Secretary, Mr Thembinkosi Ngema, to read out the Committee Report on the shortlisting of candidates.
 
The Secretary read out the Committee Report.
 
Members then moved for the adoption of the Report, and it was formally adopted.
 
Removal of the ICASA Council Board Chairperson
The Chairperson said that the Secretary would have to engage Parliament’s legal services on this matter matter.
 
Mr Kalako said that Members were clear that the Chairperson must be removed. Therefore, the resolution must be drafted so that it can be sent to the Speaker. This matter cannot be delayed any further because Members all agreed that the Chairperson must be removed.
 
Mr Ngema said that the Committee previously adopted a Report which recommended removal. However, that Report was returned to the Committee for further consideration. The Committee then adopted another Report recommending suspension until the finalisation of the matter. After the latest development, the Secretariat has been consulting with Legal Services which are in consultation with Mr Mohlaloga’s legal team to ascertain what was being appealed. A feedback should be submitted to the Committee soon enough.
 
The Chairperson said the most important thing was the resolution of the Committee.
 
Mr Ndlozi said that the Report was not assisting, and Members want a resolution that says that he is removed. No consultation with his lawyers was necessary and whether there is an appeal or not, it did not matter and it was no longer material. Members want the draft resolution that states that Mr Mohlaloga was no longer the Board Chairperson of ICASA.  Once the Court had taken a decision, it is immaterial whether the legal teams were consulting with each other. The ICASA Act is very clear that he must be removed. He suggested that the Committee can now take a decision, and entertain it in the next meeting before the interviews.
 
Ms Van Damme said that the Board Chairperson was found guilty a long time ago, and his lawyers contacted the Speaker’s Office and made a deal which was wrong, and that deal was illegal. He has now been convicted and he is appealing his sentence not conviction. The ICASA Act is very clear on this. The Secretary would now need to draft a resolution.
 
Mr Kalako suggested that the Resolution can be entertained next Tuesday and the Committee could reach consensus.
 
The Chairperson said that Mr Ngema had not yet drafted the resolution because he was off sick and he would do so and it would be entertained next week.
 
She thanked the Members.
 
The meeting was adjourned.

 

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