The Chairperson of the Portfolio Committee on Communications

SUBMISSION OF LEGISLATIVE PROPOSAL:

MEMORANDUM IN TERMS OF RULE 238 OF THE RULES OF THE NATIONAL ASSEMBLY BY THE PORTFOLIO COMMITTEE ON COMMUNICATIONS

The Portfolio Committee on Communications hereby requests the permission of the National Assembly, in terms of Rule 230(1) for it to introduce legislation which deals with the following:

(a) Particulars of proposed legislation.
The legislation seeks to amend the Broadcasting Act, No 4 of 1999, so as to insert-

i) a provision for the removal of a member of the South African Broadcasting Corporation (SABC) Board by the appointing body on the recommendation of the National Assembly, and

ii) a provision for the dissolution of the SABC Board.

(b) Objects of the proposed legislation.

i) The Broadcasting Act does not provide for a mechanism whereby the SABC Board may be dissolved if it is unable to perform its functions;

ii) The Act only provides for the removal of individual members of the Board upon the recommendation of the Board itself;

iii) The amendment would ensure that due process is followed when there is a need for the Board as a whole to be dissolved and also provides for the responsibilities of the Board to be executed by an interim Board until the appointment of a new Board.

Financial implications for the State
The proposed legislation will not lead to any additional expenditure by the State.

Substitution of section 15 of Act 4 of 1999

1. The following section is hereby substituted for section 15 of the Broadcasting Act, 1999:

“Removal from office

15. The appointing body —

(a) may remove a member from the office on account of misconduct or inability to perform his or her duties efficiently after due inquiry and upon recommendation by the Board; or

(b) must remove a member from the office after due enquiry by a committee of the National Assembly and the adoption by the National Assembly of a resolution calling for that member's removal from office in terms of section 15A.”.

Insertion of section 15A in Act 4 of 1999

2. The following section is hereby inserted in the Broadcasting Act, 1999, after section 15:

Resolution for removal of member, interim Board and President’s powers

“ 15A. (1) The National Assembly may, by the adoption of a resolution, recommend the removal of a member from office on account of—

(a) misconduct;

(b) inability to perform the duties of his or her office efficiently;

(c) absence from three consecutive meetings of the Board without the permission of the Board, except on good cause shown;

(d) failure to disclose an interest in terms of section 17 or voting or attendance at, or participation in, proceedings of the Board while having an interest contemplated in section 17; or

(e) his or her becoming disqualified as contemplated in section 16.

(2) The President−

(a) may suspend a member from office at any time after the start of the proceedings of the National Assembly for the removal of that member;

(b) must remove a member from office upon the adoption of a resolution contemplated in subsection (1);

(c) must dissolve the Board if the resolution recommends the removal of all the members of the Board.

(3) Upon the dissolution of the Board the President must appoint an interim Board consisting of the executive members of the Board together with not more than four other persons to perform the functions of the Board until a new Board is constituted in terms of this Act.

(4) The President must designate one of the members of the interim Board contemplated in subsection (3) as the chairperson and another member as deputy chairperson, both of whom must be non-executive members of the interim Board.”