In view of recent developments and unfolding events in South Africa’s neighbour, Zimbabwe, it is perhaps the opportune moment to examine the role of the South African National Defence Force (SANDF) within South Africa’s constitutional democracy. As with most nations, South Africa maintains a military force, which in terms of the Constitution, is meant to “provide for the defence of the Republic”. The Defence Act further sets out the parameters on how the military interacts with civil society. The SANDF is above party-politics and is non-partisan. Importantly, the SANDF is subject to civilian oversight, as well as control by the Minister of Defence.

The Constitution further establishes the governing principles of South Africa’s national security as reflecting the resolve “to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life”.

The President has finally appointed the permanent Board of the South African Broadcasting Corporation (SABC). Whilst the appointment is most welcome, it comes with some red flags raised regarding some appointees, as well as regarding the circumstances surrounding the timing of the appointment.

The appointment came the day after the Presidency missed a deadline to file opposing papers in a court application initiated by the Media Monitoring Project Benefit Trust, the SOS Support Public Broadcasting Coalition and the Freedom of Expression Institute. The application was triggered by the President’s delay in making the appointment, which left the SABC in a precarious position without a stable governance body.

It has been almost a month since Parliament’s Portfolio Committee on Communications concluded its interview process for the appointment of individuals to serve on the permanent Board of the South African Broadcasting Corporation (SABC). The President has yet to appoint the 12 recommended individuals. This is a cause for concern, considering that the official term of the interim Board expired on Tuesday, 26 September. This failure to appoint has left an institution looking to make its way out of the woods, without a captain to steer the ship.

The Centre for Constitutional Rights (CFCR) welcomes today’s decision handed down by the Supreme Court of Appeal (SCA) in the matter involving South African Broadcasting Corporation (SABC) journalist and part of the ‘SABC 8’, Vuyo Mvoko. The decision, which sees his original contract with the SABC reinstated, also has the SABC pay for the legal costs he incurred in challenging the unlawful conduct of the SABC. Importantly, the decision underscores key constitutional values which should undergird public administration in the nation.

In March 2017, the President appointed five individuals to the Interim Board of the South African Broadcasting Corporation (SABC). These individuals were appointed following the implementation of the recommendations of Parliament’s ad hoc committee inquiry into the SABC. The Interim Board was appointed to guide the Broadcaster to calmer waters over a transitionary period fraught with many changes. One of the recommendations of the ad hoc committee was the establishment of a permanent Board. On 5 September, the Interim Board finalised 12 names for the permanent Board. After an open and public nomination process, followed by a similarly transparent interview process by the Parliamentary Portfolio Committee on Communications, these names have been published. The names await confirmation by the President.