The Freedom of Expression Institute (FXI) welcomes the fact that the Portfolio Committee on Communications has called for nominations for a new Board for the South African Broadcasting Corporation (SABC). The process of public nomination is essential to ensure accountability of the Corporation to the very public it claims to serve.

However, the FXI is also deeply concerned by the manner in which the SABC Board nomination process is being handled by the Portfolio Committee. These concerns lead us to question whether, in fact, the interests of democracy are being served by the process.

For a number of weeks, the FXI has tried to obtain information from the office of the Portfolio Committee with regard to the expiry date for the current Board’s term of office. We were told that the information was not readily available but would be sent to us. We received no such information. The FXI needed these details in order to prepare for a campaign to publicise the process and mobilize public opinion, to ensure that the best possible candidates would be nominated.

Two weeks ago, a small, barely noticeable advertisement appeared in the Sunday Times and the City Press, calling for nominations for the new Board and announcing that the closing date for nominations is the 18^th July 2007. The small advertisement did not give sufficient publicity to the issue and the FXI believes that the Portfolio Committee should be much more vigorous in ensuring public participation in the nomination process, otherwise it risks becoming reduced to an elite process.

The FXI is also disconcerted at the Portfolio Committee’s programme for public hearings of shortlisted candidates. In terms of this programme, Committee members will be handed CVs of nominees on the 30 July. For the next two days, the Committee will shortlist candidates (31 July and 1 August). Incredibly, interviews for the shortlisted candidates begin the day after the completion of the shortlisting process (2 August). This is unworkable, and may well lead to suspicions that candidates have already been earmarked. In order to avoid such damaging suspicions, the Portfolio Committee needs to ensure that it heeds the letter and spirit of the Broadcasting Act, which requires that there must be “participation by the public in a nomination process”, as well as “transparency and openness” in the appointment of the 12 board members. These requirements will not be met if the process is rushed, and sufficient time needs to be given for the nomination process to unfold, as well as for shortlisted candidates to prepare themselves for interviews.

In the light of our concerns about the process, the FXI has written to the Portfolio Committee to consider extending the closing date for the nominations. The main purpose for seeking an extension is to ensure that the public might be better able to participate in this process by submitting nominations for the Board. The FXI’s letter suggests that the closing date for nominations be the 26^th July 2007. This will provide an extension for the public to become aware of the process and will allow sufficient time between the nomination and the short-listing processes.

We urge the public to take this opportunity to participate in this process. We must ensure that the SABC, as the public broadcaster, is governed by a well- and broadly-represented board that will foster freedom of expression in this country. The governance problems at the SABC have become intolerable and must not be allowed to arise again. The incumbent Board is responsible for sweeping under the carpet the Sisulu Commission of Enquiry’s report into allegations of blacklisting of commentators at the SABC. This Board also - after the damning report against the SABC’s news chief, Snuki Zikalala - still saw it fit to declare its full confidence in Zikalala. This Board, we believe, needs to be replaced by one that is more sensitive to the needs of the South African public and which is committed to transforming the SABC into a true public broadcaster.

Members of the public who want more information on how to engage in the nomination of SABC Board members may contact the FXI for assistance.