CONSTITUTIONAL COMMENTARY AND EVENTS

International Women’s Day is a global call to action for the protection of the rights of women all over the world. Annually, various issues which affect women, one of the world’s most vulnerable groups, are highlighted and the achievements in those areas, if any, are celebrated. However, these achievements are celebrated with the qualifier that so much more needs to be done to achieve equal treatment. Furthermore, those who are recognised for bringing women closer to gender equality receive acknowledgment particularly because of the seemingly insurmountable obstacles they have overcome to do so. From seeking gender parity in terms of equal payment, to fighting for freedom from sexual harassment both in and outside the workplace, as well as simple human dignity, the day stands as a reminder of the hard road ahead.

The newly-appointed Minister of Communications, Nomvula Mokonyane, has indicated that she and her Department have sought legal counsel regarding a High Court appeal which was initiated by her predecessor, Mmamoloko Kubayi-Ngubane, late last year. The appeal is in relation to the SOS Coalition and the Right2Know Campaign application, which requested the Court to determine the extent of the Minister’s powers over the functions of the South African Broadcasting Corporation (SABC). In October 2017, the High Court in Pretoria declared that the Memorandum of Incorporation (MOI), which afforded the Minster extensive powers to interfere with the workings of the SABC, was invalid as it did not protect the independence of the public broadcaster. Some of the identified powers were that of the appointment and dismissal of senior executives, the Minister’s veto powers regarding appointments, as well as the Minister’s powers to remove all Directors at will. This judgment reinforced the principles of transparency and openness, which are an essential buttress to South Africa’s democracy.