It is Not the Board’s Decision That was Irregular, but its Communication of the Decision says Pule

Published On March 14, 2013 | By SOSAdmin | Uncategorized

IT IS NOT THE BOARD’S DECISION THAT WAS IRREGULAR, BUT ITS COMMUNICATION OF THE DECISION SAYS COMMUNICATOINS MINISTER, DINA PULE

In a bid to get clarity on whether this morning’s reports on Minister Pule declaring the SABC Board’s decision to relieve Hlaudi Motsoeneng of his duties as Acting COO, SOS spoke with her spokesperson, Siya Qoza, who confirmed the following:

1) The Minister did not declare the Board’s capacity to make this decision irregular;
2) The Minister did not declare the decision itself to have been improperly made;

Rather

3) The Minister advised the Board that it was its communication of the decision that was irregular, and that it ought to have:
i) Informed her of of its decision prior to making the announcement;
ii) Waited for her response on the matter; and
iii) Only after that, and having taken due regard of her own position on the matter, made its announcement.”
In line with this information, it is the SOS Coalition’s understanding that:

1) The Board’s decision, having been taken at a properly constituted meeting of the Board and in line with the SABC’s articles of Association remains lawful;
2) That Mr Motsoeneng remains relieved of his duties as Acting COO;
3) That Mike Siluma remains the Acting COO.

The SOS Coalition notes the Minister’s dissatisfaction with how she came to be notified of this decision, but is of the view that the Minister is not entitled to any kind of prior notification before public communication as the Board is the governing body of the public broadcaster, not an internal department of the DOC.

This being the case, our understanding and view is that the Board’s decision remains lawful and binding.

 

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