President Cyril Ramaphosa’s letter questioning the number of shortlisted SABC board members has been deemed “grossly unlawful” by Parliament’s legal advisors.
Independent legal advice obtained by Parliament revealed that Ramaphosa had no authority to ask the legislature to reconsider the list of 12 names to serve on the board, including the “reserve pool” of three additional names.
This has further delayed the appointment of the board at the public broadcaster, which has been without one for five months.
Advocate Andile Tetyana, Parliament’s legal advisor, told a subcommittee of the communications committee that President Ramaphosa’s letter was unprecedented and violated the constitutional scheme.
Tetyana noted that the National Assembly’s recommendation was legal, and the president could not question the number of names on the list. Committee member Dianne Kohler Barnard called for Ramaphosa to appoint the board immediately, as it has been vacant for five months, and the executive three’s term is about to end.
Later on Thursday, the full portfolio committee will consider the legal advice and issue a final resolution. Ramaphosa’s letter has caused a delay in the appointment of the board, which is essential for the public broadcaster’s operations.
Parliament’s legal advisors have affirmed the legality of the National Assembly’s recommendation and rejected Ramaphosa’s attempt to question it.