authority, and role in the appointment and removal of Parliament’s executive Board members. It also strips the Board of its role in the appointment of the executives. 23.2 Removal and appointment of Board members 23.2.1 The role in the removal of non-executive members, either through Minister’s dismissal or resignation, is noted with concern. 23.2.2 The Committee also notes from Board minutes of a meeting that took place on 7 July 2014, that the Minister may have, directly or indirectly, pressurised the Board to appoint Mr Motsoeneng in the COO position. 23.2.3 In both instances the Minister may have contravened section 96(2)(b) and (c) of the Constitution, section 15(1) of the Broadcasting Act, and the relevant sections of the Executive Members Ethics Act Code of Ethics, and section 17(e) of the Privileges Act, and possibly other applicable legislation. 24. Questionable transactions 24.1 MultiChoice 24.1.1 Section 8(j) of the Broadcasting Act requires the SABC to establish and maintain libraries and archives containing materials relevant to the objects of the Corporation and to make these available to the public with or without charge. The agreement therefore potentially contravenes the MultiChoice provisions of the Act too. 24.1.2 A significant section of the does not have access to DSTV, country’s population and can therefore not view the archival material aired on and SABC ENCORE This is particularly problematic in light of the public SABC News. SABC’s mandate to educate, entertain and inform. 24.1.3 Having taken into consideration all the evidence, including the SABC’s responses to the Interim Report, the Committee could not establish with certainty whether the content of the archives of the public broadcaster remained in the possession, or the extent to which has access or SABC’s MultiChoice pays for access to the archives. According to Ms Geldenhuys’s
authority, and Parliament’s role in the appointment and removal of Board members. It also strips the Board of its role in the appointment of the executives. 23.2 Removal and appointment of Board members 23.2.1 The Minister’s role in the removal of non-executive members, either through dismissal or resignation, is noted with concern. 23.2.2 The Committee also notes from Board minutes of a meeting that took place on 7 July 2014, that the Minister may have, directly or indirectly, pressurised the Board to appoint Mr Motsoeneng in the COO position. 23.2.3 In both instances the Minister may have contravened section 96(2)(b) and (c) of the Constitution, section 15(1) of the Broadcasting Act, and the relevant sections of the Executive Members Ethics Act Code of Ethics, and section 17(e) of the Privileges Act, and possibly other applicable legislation. 24. Questionable transactions 24.1 MultiChoice 24.1.1 Section 8(j) of the Broadcasting Act requires the SABC to establish and maintain libraries and archives containing materials relevant to the objects of the Corporation and to make these available to the public with or without charge. The MultiChoice agreement therefore potentially contravenes the provisions of the Act too. 24.1.2 A significant section of the country’s population does not have access to DSTV, and can therefore not view the archival material aired on SABC ENCORE and SABC News. This is particularly problematic in light of the SABC’s public mandate to educate, entertain and inform. 24.1.3 Having taken into consideration all the evidence, including the SABC’s responses to the Interim Report, the Committee could not establish with certainty whether the content of the archives of the public broadcaster remained in the SABC’s possession, or the extent to which MultiChoice has access or pays for access to the archives. According to Ms Geldenhuys’s executive
FinalSABC_Report.docx