ARTICLE: UNDERSTANDING THE ROLE OF THE SABC AS A PUBLIC BROADCASTER
Things appear to have come to a head at the South African Broadcasting Corporation (SABC). This, in the wake of recently made, sweeping changes to its operations. Some changes appear unconstitutional. This suggests an organisation uncertain of its role as a public broadcaster in a constitutional democracy. The fact that both the courts and the Public Protector have found that acting Chief Operations Officer (COO) Hlaudi Motsoeneng’s appointment is irrational and unlawful adds to the public broadcaster’s malaise. Additionally, news reports suggest that the SABC will, next month, announce a loss of up to R500 million – nearly double the loss of R395 million from last year. All of this paints a picture of uncertainty over the future of the SABC.
Pockets in the City of Tshwane are beset by violence, with media reports showing burnt-out shells of motor vehicles, and streets littered with burning tyres. One person is said to have been killed in the violence. The violent protests are ostensibly as a result of party members’ unhappiness with the governing party’s National Executive Council’s decision to select a mayoral candidate ahead of the candidates preferred by the Tshwane branch of the governing party.
16 June – Youth Day – is commemorated annually in South Africa in remembrance of the schoolchildren who died at the hands of the apartheid police in 1976. The protests were in response to Bantu Education and the imposition of Afrikaans as a medium of instruction in schools. The movement spread like wildfire across the nation and this year marks the 40th anniversary of what is now referred to as the Soweto Uprising.
The Centre for Constitutional Rights welcomes the Constitutional Court’s (the Court) decision in Electoral Commission v Mhlope and Others, handed down today, in which the importance of free and fair elections for South Africa is underscored.
On 31 May, the Supreme Court of Appeal (SCA) handed down a technical judgment on the amendment of the Broadcasting Digital Migration Policy (the Policy) in 2015 by the Minister of Communications (Minister). The issue concerned the legality of the Policy and was found by the SCA to be both procedurally and substantively irrational.
On 20 May, the Constitutional Court made a unanimous decision concerning the powers of officials in determining admission policies for schools in Gauteng in the Federation of Governing Bodies for South African Schools v Member of the Executive Council for Education, Gauteng and Another matter. The case concerned the validity of amendments to the Regulations for Admission of Learners to Public Schools in Gauteng (Regulations) which were promulgated by the Member of the Executive Council for Education, Gauteng (MEC) in 2012.
1. The Centre for Constitutional Rights (CFCR) is dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights and principles provided therein; to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
1. The Centre for Constitutional Rights (CFCR) is dedicated to upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including policy and draft legislation that might affect the Constitution and the values, rights and principles provided therein; to inform people and organisations of their constitutional rights and to assist them in claiming their rights.
The National Assembly has passed the Expropriation Bill and should the President assent to it, South Africa will have a new Expropriation Act.