South Africa
appeared eager to serve the factional
interests of President Jacob Zuma and
also seemed deeply compromised by
the new board’s expressed desire to implement the SABC’s public service mandate.

The media, especially
the daily and weekly
newspapers, have
performed a sterling
service for the country
in publicising stories
about state capture,
corruption, abuse of
power and questionable conduct of politicians and officials.
She entered an appeal against the 17
October 2017 ground-breaking Gauteng (Pretoria) High Court judgement
preventing her as minister from appointing and firing members of the SABC
board. This judgement resulted in the
board having court-sanctioned freedom
to appoint its top executives, a right it
had not enjoyed for more than a decade.
The SOS Coalition also noted that the
board and the Parliamentary Portfolio
Committee on Communications were
seeking closer cooperation with it on
that mandate.

Despite the inclusion in the board of
several members with close ties to the
ruling ANC party, it was seen to be operating in a united and independent manner. It removed from office the two top
officials responsible for “the clique” and
pursued through the courts the repayment of certain funds by them to help
offset the R1 billion loss. It appointed
four top executives and the appointment of the Group Chief Executive Officer and Chief Financial Officer were
expected to follow. The board ceased
to apply the editorial code adopted by
the previous board, reverted to the code
of 2004, and began a process of widespread public consultation to update
itself in order to embrace the best principles of a free media.
But the board was also grappling with a
number of other issues which included:
• The corporate behaviour of Multichoice, the main subscription TV
service provider;
• Questionable negotiations between
the SABC and Multichoice over the
former’s supply of its archive material to Multichoice;
• A contract between Multichoice and
the professionally deficient ANN7
TV news programme; and
• An approach to the Independent
Communications Authority of South
Africa (ICASA) to reverse its regulation requiring the SABC to supply
three of its free-to-air channels to
Multichoice’s DSTV service free of
charge.
It argued that it was ultra vires the Electronic Communications Act which requires these channels to be carried “at
commercially negotiated rates”. The
financial consequences of bringing the

So This is Democracy? 2017

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