Committee closes legal opinion on SABC board members

The purpose of the legal opinion, which was sought from Parliament's Constitution and Legal Services Unit, was to advise the Committee on the legality of the SABC Board's decision.

It concluded that any removal of a SABC board member that was not effected in line with the provisions of the Broadcasting Act was invalid and unlawful.

The members were Ronnie Lubisi, Rachel Kalidass and Hope Zinde.

But yesterday Communications Minister Faith Muthambi told the committee that the Companies Act took precedence over the Broadcasting Act when it came to governance matters concerning the broadcaster.

Minister Muthambi told the Committee that the SABC acted legally in accordance with section 71 of the Companies Act (Act No. 71 of 2008).

The Portfolio Committee on Communications has welcomed the Minister's response.

"In light of the fact that there was no formal dispute and complaint from the affected members, the Committee would like to consider this matter officially closed," said Committee Acting Chairperson Dikeledi Tsotetsi.

Tsotetsi further reiterated that upon listening to the Minister's response, the committee was satisfied that the SABC Board had followed due process and did not break any law to remove the three members.