Discussion of IBA nominations

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Communications and Digital Technologies

03 March 1999
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Meeting report

COMMUNICATIONS PORTFOLIO COMMITTEE
3 March 1999
DISCUSSION OF IBA NOMINATIONS


Documents handed out:
Committee Report to National Assembly: Broadcasting Bill: 2 March 1999 ( see Appendix)
List of IBA Nominations

SUMMARY
The committee compiled a short list of twelve (12) IBA nominees to be called back to the committee for interviews at a later date.

MINUTES
Chairperson SE Moeti of the ANC welcomed the honorable members and called the meeting to order. He began by asking for consent on the 2 March 1999 Committee Report on the Broadcasting Bill [94D-98]. After one minor change to the document, the committee concurred and accepted the report to the National Assembly.

The budget report was the second issue discussed by the committee. Chairperson Moeti asked what, if any, common concerns did the committee have regarding the budget. He explained that if there is no common view, the committee was not compelled to make a report. Ms D Smuts of the DP said that there is common consent regarding the salary of the independent institutions like the IBA. Those positions need adequate funds to accompany the job so that they can attract the needed skills and the responsible persons can carry out their duties. Chairperson Moeti asked the committee members to draft a consent and submit it to the committee for finalisation.

The next issue discussed by the committee was the appointment of IBA councillors to fill the three vacant seats. Chairperson Moeti explained that the term for the current chairperson of the IBA expires this month. The other two vacant seats that need to be filled are due to recent resignations. Chairperson Moeti read through the criteria that this committee should follow when selecting an IBA counselor. Such criteria included that the nominee must be a South African citizen, must not have a conflict of interest within the broadcasting industry, and have no criminal record.

Ms Smuts pointed out to the committee that she had not yet received the CVs of two of the nominees. Other committee members also noted that they too had not received a complete packet of CVs. Some members exchanged extra copies of CVs with other members before Chairperson Moeti asked the committee to continue the meeting by taking five minutes to review the CV packet and select a short list of names.

After a short period of individual review and private discussion between members, the committee agreed upon selecting more than nine names but no more than twelve names for the short list. Chairperson Moeti asked individual members for the names of their selections. After the following names were suggested, the committee voted on which nominees should be invited to be interviewed by the committee. Chairperson Moeti then asked committee members to check the CVs of the nominees on the following list against the required selection criteria to eliminate discussing nominees who are ineligible for consideration for the IBA positions. Mr P Bikitsha of the NNP asked the committee to keep in mind while reviewing CVs that many of these people were "coming out of a dark period" and valuable work experiences had not been available to all of the applicants.

Ms S Van der Merwe of the ANC pointed out that the committee was missing the CVs for [2C] Mr Tebele, [Z] Mr Sihlali, [2A] Mr Zokwe, [2L] Ms Smith, and [2D] Mr Molete. Chairperson Moeti called a fifteen minute break during which the committee secretary called the offices of the nominees with missing CVs and asked them to fax their CVs within the next fifteen minutes. After the break, only one additional CV was provided, that of Mr M Molete. Chairperson Moeti asked the committee how they should treat the nominees that had not sent acceptance letters to the committee. Ms Smuts replied that they should not be considered. Mr N Kekana of the ANC replied that as long as the committee was comfortable with its attempts to contact these people, the committee should proceed without further consideration of those nominees. Mr Bikitsha added that this committee had tried everything humanly possible to contact these people and it was therefore reasonable to disqualify these nominees.

The committee voted for each of the selected nominees in turn and Chairperson Moeti read aloud the twelve names with the most votes.


NAME OF NOMINEE


# OF VOTES


SELECTED FOR INTERVIEW


[2B] Mr M Langa


12


YES


[H] Mr E Bird


11


YES


[Y] Ms X Kakana


11


YES


[J] Mr R Louw


4


YES


[2M] Mr M Yen Sui Ho


6


YES


[E] Mr S Rankin


2



[V] Mr A M Proudlock


1



[K] Mr M R Moosa


0



[W] Mr K Herold


6


YES


[R] Mr C Emdon


2



[Q] MMK Malefane


7


YES


[S] Mr J Sindane


4


YES


[2J] Mr M Mphahlele


7


YES


[F] Ms B Thokoane


7


YES


[N] Mr D C Coetzer


3



[T] Ms T Bengu-Towo


4


YES


[X] Mr L Kebeni


2



[B] Mr BJ Poggenpoel


3



[G] Ms R Muller


2



[2H] Dr F Randera


3



[2D] Mr M Molete


9


YES


After the twelve nominees were selected for future interviews with this committee, Chairperson Moeti adjoined the meeting.

Appendix

Broadcasting Bill [B94D-98]: Draft Report by Committee

COMMITTEE REPORTS:

National Assembly:

1. Report of the Portfolio Committee on Communications on the Broadcasting Bill [B94D - 98] (National Assembly - sec 75) dated 2 March 1999, as follows:

The Portfolio Committee on Communications, having considered the Broadcasting Bill [B 94D - 98] (National Assembly - sec 75) and the President's reservations on its constitutionality, referred to it, reports the Bill with amendments [B 94E - 98].

The Committee further wishes to report as follows:

The Democratic Party believes the President's concerns in respect of clause 40(1) (a) have been addressed. However, the DP being of the opinion that no appropriate or convincing definition of Ministerial powers of "policy direction" had been achieved in the case of section 13A under Item 1 in Schedule 1, it moved its deletion. This motion was defeated. The Democratic Party opposed the amended section 13A, and believed its constitutionality remains problematic, notwithstanding clause 40(d).

It was the view of the Inkatha Freedom Party that the amendments do not provide, as requested by the President, an appropriate definition of "policy directives" and do not protect the Bill from exposure to constitutional review. The Inkatha Freedom Party believes the Bill violates the rights of both the Independent Broadcasting Authority and the South African Telecommunications Regulatory Authority, and that independent institutions must have the discretion to determine policy in a manner that is not subject to the direct control of the government.

The New National Party expressed appreciation for the improvements made with regard to the concerns raised by the President. They are, however, not convinced that the unconstitutionality of the whole Bill had been addressed. They were not satisfied about the excessive powers Ministers have. The Bill also does not address all the needs of the broadcasting community.

The African National Congress believes that the Committee had addressed the concerns of the President in respect of clause 40(1) (a) and section 13A under Item 1 in Schedule 1. The Committee clarified the different roles of Parliament, the Minister and the Independent Broadcasting Authority. Parliament establishes through legislation the broadcasting objectives, the Government through the Minister determines the broadcasting policy, and the Independent Broadcasting Authority defines the regulatory obligations which are rules conduct necessary to comply with the broadcasting policy.

 

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