The Minister in the Presidency responsible for the GCIS, intends introducing the Media Development and Diversity Agency (MDDA) Bill B2-20021 early in February in Parliament for consideration in 2002. The Bill is hereby published in accordance with Rule 241(l)(c) of the National Assembly.
Interested persons and institutions are invited to submit written representations on the Bill to the Secretary to Parliament, for the attention of Rita Schaafsma, by no later than 27 February 2002.
To establish the MediaDevelopmentand Diversity Agency; to provide for its objective and functions; to provide for the constitution of the Board and the management of the Agency by the Board; to provide for the chief executive officer and other staff of the Agency; to providefor the finances of the Agency; to provide for the support of projects aimed at promoting media development and diversity; and to provide for matters connected therewith.
"smallcommercialmedia" means independent media enterprises or initia- tives that are run for personal gain as micro, very small or small businesses as classified in the National Small Business Act, 1996 (Act No.
A juristic person known as the Media Development and Diversity Agency is established by this section.
The Board must act in terms of section 47(2) of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Agency is independent and must be impartial and exercise its powers and perform its duties without fear, favour or prejudice, and without any political or commercial interference.
The objective of the Agency is to promote development and diversity in the South African media industry.
The Board of the Agency consists of at least seven members but not more than 30 nine members.
The Board consists of one nominee from each of the sectors referred to in section 5(l)(a)(i) to (iv) and at least three nominees from the general public.
fairness, freedom of expression, openness and accountability; and upholding and protecting the Constitution and the other laws of the Republic.
the community media sector; and the general public.
(b)The notice referred to in paragraph (a)must specify the manner in which and time within which the nominations must be submitted.
(c)For the purpose of the appointment of the first Board, the Portfolio Committee must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d)For all subsequent appointments of members, the Portfolio Committee must, at least 120 days prior to the expiry of the term of office of a member, request nominations from the relevant sector referred to in paragraph (a),by notice in terms of that paragraph.
transparency and openness; and that a shortlist of nominees for recommendation is published.
at least two but not more than three persons from eachof the sectors specified in subsection (l)(a)(i)to (iv); and at least five but not more than 10 persons from the generalpublic, to the President for appointment.
The President must appoint members from the nominees recommended by the Portfolio Committee.
(a)The President must appoint one of the members as chairperson of the Board.
(b)Inthe absence of the chairperson, the remaining members must, from their number, elect an acting chaqerson, who while he or she so acts, must perform all the functions of the chairperson.
Members are appointed on a part-time basis.
has, notwithstanding paragraph cf, at any time been convicted of theft, fraud, perjury, an offence under the Corruption Act, 1992 (Act No.
has been convicted after the commencement of the Constitution of a crime specified in Schedule 1 to the Criminal Procedure Act, 1977 (Act No.
(hj is a public servant or the holder of any other remunerated position under the State, except a member nominated in terms of section 5(l)(a)(i).
he or she is declared by a court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No.
the President withdraws the appointment, after consultation with the other members, if that member is incompetent or unfit to fulfill his or her duties; If) he or she is found guilty of misconduct; or he or she is found guilty of an offence under section lO(4).
If a member dies or vacates his or her office in terms of subsection (2), the President may appoint a suitably qualified person, from the nominees referred to in section S(4), from which such member was appointed, to fill the vacancy for the unexpired term of office.
the President must appoint a member from the recommendations referred to in subparagraph (ii).
Subject to subsection (2),the term of office of members is three years.
At least SO percent of the members of the first Board must hold office for a period of five years.
The President must, within two years after the appointment of the first Board and in consultation with the Board, determine by notice in the Gazette, the members who must hold office for a period of five years.
No member may be appointed for more than two consecutive terms of office.
The Minister must, in consultation with the Minister of Finance, determine the remuneration of the members.
The first meeting of the Board must be held at a time and place determined by the Minister, and thereafter meetings must be held at such times and places as the Board may determine.
The Board must meet four times a year.
The chairperson of the Board may at any time, and must at the request in writing of not fewer than four members, convene a special meeting of the Board, to be held at such time and place as the chairperson may determine.
There may not be than eight special meetings per year.
(5)A quorum for a meeting of the Board is the majority of its members.
The chairperson must give 14 days' prior written notice of every meeting of the Board to all members.
A decision of the majority of the members present at any meeting constitutes a decision of the Board and, in the event of an equality of votes, the chairperson must have a casting vote in addition to his or her deliberative vote.
Subject to section 10(3),if the requisite majority of the members who are entitled to sit as members at a meeting of the Board take a decision or authorise an act at that meeting, the decision taken or act performed under that authorisation is valid despite the fact that a member who had become disqualified in terms of section 6 but had not vacated his or her office, sat as a member.
Minutes of proceedings of every meeting of the Board must be recorded and entered in a book kept for that purpose.
Minutes of the proceedings of each meeting must be submitted at the next meeting of the Board and, if passed as correct, must be confirmed by the signature of the chairperson and may, when so confirmed, be evidence in a court of law of the proceedings of the first-mentioned meeting.
(I 1) The Board may require the chief executive officer to attend any of the Board's meetings.
in relation to an application for support, he or she or his or her family member is a director, member or business partner or associate of, or has an interest in, the business of the applicant or of any person who made representations in relation to the application; or in relation to any matter before the Board, he or she has any interest which might preclude him or her from performing his or her functions as a member in a fair, unbiased and proper manner.
(2)(a)If, during the course of any proceedings before the Board, there is reason to believe that a member has any interest contemplated in subsection (l), that member must immediately fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining members to discuss the matter and determine whether or not that member should be allowed to participate in the proceedings.
bj The disclosure, and the decision taken by the remaining members, must be recorded in the minutes of the proceedings in question.
If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Board is held or in any manner participates in the proceedings of the Board, the relevant proceedings of the Board are null and void.
or contravenes subsection (1); or fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2).
The Board must appoint a person qualified and experienced in accounting and financial matters, and who is, as far as possible, qualified or experienced in the fields set out in section 4(3)(b), as chief executive officer of the Agency.
A person is disqualified from being appointed or remaining a chief executive officer if he or she is a Board member or subject to any of the disqualifications mentioned in section 6(1).
(3)A chief executive officer holds office for a period not exceeding five years and may not be appointed for more than three consecutive terms of office.
if that chief executive officer has repeatedly failed to perform the duties of his.
if, due to any physical or mental illness or disability, that chief executive officer has become incapable of performing his or her functions or performing them efficiently; or for misconduct.
The chief executive officer and staff must be appointed in accordance with procedures applicable to the appointment of public servants in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
The terms and conditions of service of the chief executive officer and other staff of the Agency, including their remuneration, allowances, pensions and other service benefits, are determined by the Board.
The remuneration, allowances, pension and other service benefits referred to in subsection (6) must be determined in accordance with a system approved by the Minister with the concurrence of the Minister of Finance.
Subject to the written directions of the Board and section 14(2)(b), the chief executive officer may appoint such other staff for the Agency as are necessary to perform the work arising from or connected with the functions of the Board or the Agency.
compile an annual report on the activities of the Agency and submit the report the to Board for approval.
an evaluation of how the Agency's mandate has been achieved; and a projection of forthcoming activities.
discounts or subsidies in print and signal distribution, postal rates and telephone tariffs; and low-interest rate loans.
(2)The Board must submit the approved report referred to in section 12(2)(c),to the Minister within three months of the end of the relevant financial year.
(a)The Board must arrange an annual meeting with stakeholders in the media industry to give a report on the Agency's activities.
(b)The Minister may, in consultation with the Board, determine which stakeholders must be invited to the meeting referred to in paragraph (a).
(c)The Board must, in addition to the invitation extended to stakeholders mentioned in paragraph (b),publish an invitation to the annual meeting in at least two newspapers circulating throughout the Republic.
The Board may, after public consultations, make recommendations regarding media development and diversity to government and the media industry.
(5)The Board may delegate any of the functions mentioned in this section, except the function specified in subsection (l)(b), to the chief executive officer.
interest derived from any investments; or money lawfully accruing from any other source.
fund projects and activities connected therewith, including project evaluation, feasibility studies and needs analyses; and defray expenses, including expenses regarding remuneration, allowances, pensions and other service benefits referred to in section 11(5),incurred by the Agency in the performance of its functions under this Act as long as such expenses do not exceed the prescribed percentage of the funds referred to in subsection (1).
(f,) identifying, gathering and distributing resources for media development through agreements with strategic partners.
Direct subsidies referred in section 15(a)(i)must only be granted to community media projects and not to small commercial media projects.
Community media projects may also receive any other support contemplated in the Act.
Small commercial media projects primarily receive low interest rate loans referred to in section 13(l)(g)(ii) and may receive, subject to subsection (l), any other support contemplated in this Act.
people with disabilities; and groups with special needs not covered by paragraphs (a)to (j) and identified by the Board in consultation with the Minister.
All projects must be aimed at achieving the objective of the Agency as contemplated in section 3.
(2)The Board must, when selecting projects, take into consideration the communities and persons identified in terms of section 13(l)(a).
the manner in which an application for support for projects must be made; and the information that must accompany the application.
business plans containing measures for future sustainability; and the proposed budget.
assess the progress of such projects; and ensure that such projects are achieving its goals.
if the instruction contemplated in paragraph(a)is not complied with, suspend or terminate support provided to the concerned.
(a)Any person or institution aggrieved by a decision madein terms of subsection may, after giving notice to the Board in the prescribedmanner, within a period of 30 days after the date of such decision, appeal to the Minister in the prescribed manner against such decision concerned.
(b)The Board must, within a period of 14 days after the date on which a notice in terms of paragraph (a) is received, furnish the Minister with written reasons for the decision in question.
The Minister may, after consideration of the said reasons and the appellant's grounds of appeal, confirm, amend or set aside the decision.
The Boardmay enter into agreements with any organisation in terms of which financial or non-financial assistance is given to the Board for the furtherance of the objective of this Act.
benefit the specified in section 17; and groups satisfy the criteria prescribed in terms of section 18(3)(a).
The Minister may, in consultation with the Board, make regulations regarding any matter that is required or permitted to be prescribed in terms of this Act.
(2)The Board must, not less thantwo months before any regulation is made, cause the text of such regulation to be published in the Gazette, together with a notice declaring the Minister's intention to and inviting interested persons to furnish make that regulation the Board with comments thereon or representations in regard thereto.
This Act is called the Media Development and Diversity Agency Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The Media Development and Diversity Agency (MDDA) draft position paper was launched by the Minister in The Presidency on 29 November 2000 and was subsequently published for public comment. Submissions closed on 28 February 2001. Parallel to the review of submissions, the Government Communication and Information System (GCIS) was involved in ongoing stakeholder consultations and discussions. The proposed legislation has been drafted in the light of these submissions and consultations with stakeholders.
2.1 The establishment of the Media Development and Diversity Agency (MDDA).
2.2The establishment of the MDDA Board, to oversee thefunctions of the Agency.
2.3 The procedures for the appointment of the MDDA Chief Executive Officer and staff members.
2.4The determination of projects to be supported and the types of support available to successful applicants to the Agency.
2.5 The determination of finances for the Agency.
2.6 The making of regulations regarding any matter that is required or permitted to be prescribed in terms of this Bill specifically with regard to funding criteria and how these are to be administered.
3.2 On 27 March 2001 the parliamentary Portfolio Committee on Communication held public hearings on the MDDA.
It is anticipated that government's contribution to the MDDA will be covered by existing allocations to departments within the Medium Term Expenditure Framework (MTEF).
The State Law Advisers and the GCIS are of the opinion that this Bill must be dealt with in accordance with the procedure set out in section 75 of the Constitution since it contains no provision to which the proceduresetoutinsection 74 or 76 of the Constitution applies.