from their positions. The Board had acted in line with section 71(3) of the Companies Act which empowered it to remove the Board members. 15.3.2 The Minister also denies that she had at any point pressurised Board members to resign. 15.4 Pressurising the Board to appoint Mr Motsoeneng 15.4.1 The Broadcasting Act empowered the Board to appoint or recommend persons to be appointed as executive members. The Minister states that she had been invited to attend a Board meeting scheduled for 7 July 2014 at which Mr Motsoeneng’s permanent appointment as COO would be discussed. She had declined to attend the Board meeting, but waited at the SABC’s premises. The Minister eventually joined the meeting when deliberations had been concluded, and she was informed of the decision. She requested the Board to provide her with a written recommendation for Mr Motsoeneng’s appointment. She emphasised that the decision was made after full consideration had been given to the facts, and after consultation with Mchunu Attorneys who had been mandated to provide a report on the Public Protector’s report, which had included findings against Mr Motsoeneng. 15.4.2 With regard to concerns about the COO post not having been advertised externally, the Minister indicates that she had considered this as well as the Board’s motivation for why he should be appointed. She confirms that she was satisfied with the explanation that Mr Motsoeneng had done “a sterling job” as acting COO and that it therefore “made sense” to appoint him permanently “without advertising the position”. 15.5 Alleged breaches of law 15.5.1 The Minster raises the issue of process and natural justice with reference to the Committee’s findings that she acted in conflict with various statutes. The Minister found the Interim Report’s findings in relation to breaches vague. She pointed out that she was not afforded sufficient notice of the allegations against her in order for her to assess what aspects of her conduct were in contravention
authority, and Parliament’s role in the appointment and removal of Board members. It also strips the Board of its role in the appointment of the executives. 23.2 Removal and appointment of Board members 23.2.1 The Minister’s role in the removal of non-executive members, either through dismissal or resignation, is noted with concern. 23.2.2 The Committee also notes from Board minutes of a meeting that took place on 7 July 2014, that the Minister may have, directly or indirectly, pressurised the Board to appoint Mr Motsoeneng in the COO position. 23.2.3 In both instances the Minister may have contravened section 96(2)(b) and (c) of the Constitution, section 15(1) of the Broadcasting Act, and the relevant sections of the Executive Members Ethics Act Code of Ethics, and section 17(e) of the Privileges Act, and possibly other applicable legislation. 24. Questionable transactions 24.1 MultiChoice 24.1.1 Section 8(j) of the Broadcasting Act requires the SABC to establish and maintain libraries and archives containing materials relevant to the objects of the Corporation and to make these available to the public with or without charge. The MultiChoice agreement therefore potentially contravenes the provisions of the Act too. 24.1.2 A significant section of the country’s population does not have access to DSTV, and can therefore not view the archival material aired on SABC ENCORE and SABC News. This is particularly problematic in light of the SABC’s public mandate to educate, entertain and inform. 24.1.3 Having taken into consideration all the evidence, including the SABC’s responses to the Interim Report, the Committee could not establish with certainty whether the content of the archives of the public broadcaster remained in the SABC’s possession, or the extent to which MultiChoice has access or pays for access to the archives. According to Ms Geldenhuys’s executive