International Right to Know Day: Who let Hlaudi back in?
On 28 September 2016, International Right to Know Day, the Right2Know Campaign held a National Day of Action against censorship, political interference and mismanagement at the SAABC. We called on major SABC advertisers to boycott the broadcaster until serious steps are taken to sort out the crisis.
In addition, to further our right to know in South Africa, R2K made use of two access to information laws to acquire details of the shady goings on at the broadcaster. Specifically, seek information on the process to appoint Mr Motsoeneng to the position of Group Executive of Corporate Affairs, as well as remuneration and benefits attached to this position. Motsoeneng’s appointment to his previous position as COO was found to be unlawful and irrational, and we have every reason to believe that his latest appointment is wholly irregular and unjustified.
Motsoeneng has done enormous damage to the SABC. He shows only disdain for the ideals of public broadcasting and should be kept as far away from the SABC as possible. His appointment to a senior position (whose incumbent was redeployed to make way for him) shows the Board’s contempt for the findings of the Public Protector and the rulings off the courts.
On paper, the Promotion of Access to Information Act (PAIA) is a powerful tool and allows anyone to request records from a public body or a private body, with a 30-day deadline for a response. In practice, however, PAIA is widely disregarded. In its 2012/13 annual report on the state’s compliance with PAIA, the South African Human Rights Commission revealed that 90% of municipalities fail to comply with the Act’s provisions. Furthermore, the PAIA Civil Society Network’s 2013/14 report showed more than half of requests to government departments were refused (both ignored and denied) that year.
The Promotion of Administrative Justice Act (PAJA) allows requests beyond the confines of PAIA, which is limited to records. With PAJA, reasons for administrative decisions can be requested from a state body or a body performing a public function.
On International Right to Know Day, R2K made both a PAIA and PAJA application to the Acting CEO of the SABC, James Aguma, for information relating to the decision to appoint Mr Hlaudi Motsoeneng to the position of Group Executive of Corporate Affairs of the SABC on 26 September 2016,
According to PAIA, the SABC will need to respond to our request for records of the decision making process within the next 30 days, while PAJA states that reasons for decisions must be given within 90 days of the request being made.
These laws were crafted in order to make our democracy more accountable and transparent, yet at the SABC, a key democratic institution, the Board is determined to undermine these values. We need to use every weapon in our arsenal to force the Board to account!
