DA

Muthambi’s hostile takeover of the SABC

By Gavin Davis

In recent months we have seen an intensification of the Zuma faction’s campaign to capture key state institutions to protect the President from prosecution. The attempted purge of the Head of the Hawks, the National Director of Public Prosecutions and senior South African Revenue Service officials have sent a chill through our body politic.

While these stories were dominating the headlines, another attempt at state capture was insidiously underway. On 26 September last year, Zuma-loyalist and Communications Minister Faith Muthambi quietly signed a document giving her overarching control of the SABC. This Memorandum of Incorporation turns the SABC from a public broadcaster into a state broadcaster, completing the Zumafication of the SABC.

The Memorandum allows Muthambi to usurp the Board’s power in numerous ways, including giving her the right to veto any rule change proposed by the Board relating to the governance of the SABC. This is in clear contravention of the Broadcasting Act, which states that the Board “controls the affairs of the Corporation.”

The Memorandum also gives the Minister new powers to recommend the removal of Board Members. Again, this is in breach of the Broadcasting Act, which empowers only Parliament or the Board itself to recommend the removal of SABC Board Members.

Perhaps even more alarming is how the SABC Board’s authority over its Executive Directors (Chief Executive Officer, Chief Operations Officer and Chief Financial Officer) has been curtailed. The upshot is that Zuma’s henchman, Hlaudi Motsoeneng, is now untouchable at the SABC despite the numerous scandals that should have ended his career some time ago.

In terms of the Memorandum, Muthambi now has the power to make Motsoeneng the Acting CEO and keep him there for as long as she wishes. If Muthambi wants Motsoeneng to be appointed as the permanent CEO, she can waive the requirement that the position needs to be advertised and other candidates shortlisted. Then, if Muthambi wants to re-appoint Motsoeneng when his contract comes to an end, she can do so unilaterally.

If the Board decides it wants to discipline and/or suspend Motsoeneng, as the Public Protector directed it to do last year, Muthambi can now block the Board from doing so. And, to give Motsoeneng the best chance of surviving the DA’s court case challenging the legality of his appointment, the Memorandum makes the SABC liable to pay his legal fees.

All these amendments to the SABC’s Memorandum of Incorporation were made without discussion with the Board, and against the wishes of many Board Members. Meanwhile, Minister Muthambi has already begun using her newfound powers to bully Board Members who do not toe the line. In December last year she wrote to certain Board Members asking them to give her reasons not to have them removed from office. Board Members perceived as too independent are reportedly being targeted and victimised.

This Memorandum of Incorporation is only the first part of Muthambi’s plan to neuter the SABC Board. Shortly after assuming office last year, Muthambi raised eyebrows when she announced that she wishes to reduce the number of SABC Board Members and to change the way the Board is appointed. This year she will table legislation that will “clarify” her powers as Communications Minister, reduce the size of the board from 15 to 7 and revise what she calls the “current cumbersome process” of appointing the Board. Ominous indeed.

It is not an exaggeration to say that this ‘hostile takeover’ poses the gravest threat to SABC independence since 1994. But it must not be viewed in isolation. Make no mistake; the attempted seizure of independent state institutions is a concerted effort to protect one man. Our constitutional democracy has never looked so fragile.

Gavin Davis MP is the DA’s Shadow Minister of Communications. A version of this article was first published in the Daily Maverick on 11 February 2015.

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For liberalism to succeed we must dispense with dogma

By Gavin Davis

Democratic Alliance insiders have long identified a serious threat to our project: the proliferation of DA members whose own values are fundamentally at odds with the party.

We must be wary of those who see the DA merely as a platform for publicity or a path to power. There is no point winning elections if we cannot implement a programme of action grounded in our vision of an open, opportunity society for all.

At the same time we must be aware of those who use the spectre of ‘illiberal tendencies’ to shut down legitimate debate and discredit people. Such bullying tactics are the hallmark of authoritarianism, not liberalism.

Alan Paton once described liberalism as “a generosity of spirit, a tolerance of others, an attempt to comprehend otherness…” His point was that, besides a commitment to the rule of law and individual freedom, liberalism is about empathy, mutual respect and the ability to see other people’s points of view.

For liberals, this means dispensing with the dogma and grappling with some of the great questions we face, such as: what does it mean to be a liberal in Africa? Is there a place for notions of community within the liberal framework? Are liberalism and religion compatible? The list is endless.

The DA’s National Spokesperson Mmusi Maimane attempted to tackle one such question in an opinion piece published in the Sunday Times this week. In it, he interrogated the concept of ‘Africanness’ and its place in our democratic discourse following Jackson Mthembu’s attack on Lindiwe Mazibuko.

Maimane argued that nobody has the right to unilaterally decide or prescribe what is or what isn’t African. Furthermore, traditions and cultures are constantly evolving and, as such, are open to the interpretation of each individual.

Maimane went on to say that his identity as an African comes from a sense of shared history and an emotional connection to the continent. He argued that, for him, the idea of Ubuntu sums up his Africanness and that, in his view, being African means being part of a community.

That is how Mmusi Maimane chooses to self-identify as an African. He was not forcing his identity on anybody else; he was stating what Africanness means to him.

When Barack Obama talks about something “inherent in the American spirit”, nobody accuses him of being illiberal. Likewise, when Nick Clegg talks of inculcating an inclusive, positive British identity, his liberal credentials are not questioned.

And yet a former DA staffer suggested in his blog yesterday that Maimane’s column signalled the erosion of the DA’s liberal values on the grounds that:

  1. Maimane suggested that ‘Africanness’ was a uniform, immutable concept
  2. There is no such thing as Ubuntu and, if there was, it would be anathema to liberalism
  3. There is no such thing as community, that it is an artificial abstraction incompatible with liberalism

The first argument is intellectually dubious because Maimane explicitly rails against uniform notions of Africanness, asking: “What right does Mthembu or anyone else have to prescribe identity to others?” Maimane’s intention was to describe what Africanness means to him without being prescriptive. To suggest otherwise is dishonest.

The second argument is worth having. It is true that the concept of Ubuntu is ill-defined. But, because of this, it is difficult to ascertain whether it is compatible with liberalism or not. Since both concepts are open to contestation (even if liberalism is far better defined), it is feasible for a person to self-identify as a liberal who believes in Ubuntu.

The third argument was the subject of fierce academic debate between communitarians and liberals in the 1980s. It fizzled out when somebody made the point that one could be an individual in the context of a defined community – as long as group rights were not permitted to override individual rights.

Like Africanness, liberalism cannot be defined and prescribed by any one individual because – for one thing – it is not static. Liberalism is constantly evolving, particularly as it is applied in new contexts on our continent and across the world.

This is something that liberals should celebrate and not feel threatened by. Pluralism gives rise to debate and introspection. It brings a freshness and energy that invigorates our project.

We must guard against self-appointed custodians of liberalism unilaterally deciding what liberalism is and what it isn’t, and who is in and who is out. If we do not, you can be sure that authoritarianism will follow.

Gavin Davis is Communications Director at the Democratic Alliance. This article appeared in Politicsweb on 22 January 2013.

Centenary Celebrations & Stockholm Syndrome

By Gavin Davis

Letter sent by Independent Newspapers to prospective advertisers

This glowing endorsement of the ANC, written on an Independent Newspapers letterhead alongside the ANC logo, was itself accompanied by an endorsement letter for the feature authored by ANC Chairperson Baleka Mbete herself.

In response, the Independent Newspaper Group Editorial Director Moegsien Williams denied there was anything unethical going on. “As a rule, there is a ‘Chinese’ wall between the commercial and editorial units of our company primarily to protect our editorial integrity,” he said.

It is too early to tell whether the advertising campaign – which is set to run once a month for the entire year – will influence reporting in the group’s newspapers. And it remains to be seen exactly how the feature will look and whether or not it will be clearly marked ‘advertorial’. What is apparent is that the newspaper group has engaged in a practice that could lead audiences to doubt its independence.

Perhaps even more troubling was the City Press’s campaign published in the newspaper and online to find South Africa’s most ardent fan of the ANC. It reads like this, in ANC colours:

Are you the biggest ANC supporter in the country? We’d like to hear from you. Tell us in an sms or email why you love the party or send a picture that shows your support. Great stories and pics will be published. SMSes charged at R1.50. SMS your name, followed by the keyword ‘ANC’ and why you love the party to 34580 or email your story (max 350 words) or pictures and contact details to web@citypress.co.za, Closing date: 28 December 2011.

Screen grab of City Press home page

If the call had been made for readers to send in their honest views of the ANC – whether good or bad – there would be little cause for complaint. The problem is that the City Press made no attempt to elicit any views on the ANC besides the overwhelmingly positive. It is doubtful that any feature published based on these vox pops alone could be anything approaching ‘balanced’.

When the DA raised questions about this, City Press Editor Ferial Haffajee went on the defensive: “Can the DA really dictate how the media covers the ANC centenary? I’ve had a threat for our call to find the biggest ANC supporter,” she tweeted. “Any media study will find the DA gets way more than its proportionate share of coverage,” she tweeted later.

But this misses the point. It is not the DA’s intention to dictate how the media covers the centenary. And we are not particularly concerned with how much overall coverage the ANC gets in relation to the DA either. If the DA punches above its weight media-wise, it is because the party works hard at getting its message across.

All the DA is asking for is fair and balanced reportage of the ANC centenary celebrations. This will mean recognising both the achievements and shortcomings of the party in an informative way.

If newspapers want to advance press freedom, they will do well to avoid falling into the Mantashe trap. Now is not the time for Stockholm Syndrome.

Gavin Davis is Communications Director at the Democratic Alliance. This article first appeared in the The Witness on 6 January 2012.