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ARTICLE: THE ROLE OF THE SANDF IN SOUTH AFRICA’S CONSTITUTIONAL DEMOCRACY

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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”.

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ARTICLE: ONE STEP FORWARD, TEN STEPS BACK FOR THE SABC

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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.

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ARTICLE: PRESIDENT MUST APPOINT PERMANENT BOARD

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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.

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STATEMENT: ROT AT SABC SLOWLY LIFTING

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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.

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