Communications minister Roy Padayachie is withdrawing the controversial draft Public Service Broadcasting Bill on the basis of the public hearings that were conducted by the Department of Communications last week.
In a statement issued over the weekend, Padayachie says he found many of the inputs delivered by the organisations and individuals to be constructive and valuable.
The draft Public Service Broadcasting Bill was drawn up by the Department of Communications (DOC), during the tenure of Padayachie's predecessor, Siphiwe Nyanda, as part of an effort to stabilise the SABC's board that had become all but ineffective due to bitter infighting and halt the financial mismanagement that has seen the broadcaster slip into the red to the tune of R1 billion last year.
However, the draft law contained two sections that caused outcry among political parties and civil society. Firstly, the bill proposed allowing the minister of communications to appoint the board members and to directly interfere in the workings of the board.
Secondly, the bill also proposed increasing income tax rates by one percentage point to fund the SABC and to do away with TV licences.
In his statement, Padayachie says his decision to withdraw the bill was based on two considerations.
“Firstly, for the developmental and democratic goals of the Republic to be best served it is imperative that our broadcasting policy is at the cutting-edge of our digital age. Second, broadcasting policy, to realise its full potential for the country, requires wholehearted and energetic mobilisation of state, industry and societal role players,” he says.
Padayachie also says he is convinced that much more can yet be gained by engaging in further work before a bill is presented to Cabinet.
Research to be done
As part of the work needed to be done on a new law, Padayachie says he has ordered a review of the 1998 White Paper on Broadcasting, including an environmental scan of the broadcasting legislation and regulations, to ensure policy and legislative alignment and consistency.
He also wants a review of research done of funding options for the SABC and community media, and that an economic modeling exercise is undertaken in the sector to begin to look at SABC and community media costs and projected costs of digital migration.
I am delighted to hear this... [the minister] can now stay in any five-star hotel he wants.
Juli Killian, COPE communications spokesperson
Suzanne Vos, a member of the SABC board, speaking in her private capacity, says she welcomes the news of the withdrawal of the bill.
“It argues well for the minister that he has decided to withdraw this piece of legislation. His experience as a previous deputy minister shows that he knows the sector. I hope that he gets to the bottom of who drew up this piece of legislation,” she says.
Vos says the draft bill in its present form was highly problematic as it was essentially proposing a new tax without the consent of the minister of finance.
“Any first-year law student can tell you that the minister of finance has to be consulted with and approve any monies bill,” she says.
Democratic Alliance shadow communications minister Natasha Michael says she welcomes Padayachie's decision to scrap the draft bill. “The bill clearly went against our constitution and we look forward to work with the minister in the drafting of a new bill,” Michael says.
Juli Killian, COPE communications spokesperson, describes the news as very positive.
“I am delighted to hear this. When the minister was appointed I said he should withdraw this bill and the Icasa Amendment Bill - both were seriously flawed,” she says.
Kilian jokes that the minster “...can now stay in any five star hotel he wants.”
Padayachie did not indicate how soon he wanted the new draft to be tabled and just says, “These tasks shall be completed as speedily as possible and in a manner that enhances the technical rigour, credibility and sustainability of South Africa's broadcasting policy.”
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