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DA to ask Public Protector to investigate Phil Molefe's SABC appointment
Formal appointment does not resolve outstanding procedural problems of initial, illegitimate process
Questions raised about independence of the SABC Board and levels of political interference





The Democratic Alliance (DA) will request the Public Protector to investigate the full process and all procedures followed resulting in the appointment of Phil Molefe as the Group Editor of News and Current Affairs at the SABC. It falls within the public interest to know how Mr. Molefe was appointed given that the SABC is the public broadcaster with 18 radio stations and 3 television stations and the problems around his illegitimacy as acting Head of News remain outstanding.

The decision by the SABC to suddenly legitimate an illegitimate process, one if fact recognised as illegitimate by the SABC Board itself, raises serious concerns about the independence of the Board and its freedom from political interference. Indeed, the controversy surrounding Mr. Molefe's interim appointment hinged on the fact that other candidates were not even considered for the position and that Mr. Molefe's appointment was a fait accompli.

In a memorandum by the SABC Board to the Minister of Communications of 8th June 2010, the SABC laid out their problems with Mr. Molefe's appointment by Board Chair Ben Ngubane. One of the principal problems was that Mr. Ngubane seemed to be acting on the direct instructions of the Presidency. To quote the memorandum directly:

"It is to be noted that on other occasions, and prior to the short listing process, the chairperson has stated to other directors, Individually, that he was operating under the direct instructions of the President of the Republic and that he was resolved to appoint his preferred candidate, whom he identified by name. He has also been quoted in a newspaper as stating that he was operating under political instruction when making the GE News appointment."

In the wake of this apparent interference, the Board further claimed that other candidates were not properly reviewed or even considered.

Phil Molefe was originally appointed on the 20th May 2010 following a unilateral decision taken by SABC Board Chairperson, Ben Ngubane, who instructed then CEO: Solly Mokoetle, who has since been suspended, to present Molefe with a five year contract. This appointment resulted in a direct breach of the Broadcasting Act. Due to the fact that a contract was signed, thus resulting in Mr. Molefe receiving remuneration, this caused irregular expenditure and as such, a breach of the PFMA. On the 22 May 2010, 10 of the 12 non-executive directors met and found that the 10th May appointment was null and void and had no legal effect. Mr. Molefe however continued to be remunerated according to his contract. The Chairperson clearly did not have the authority to appoint Mr. Molefe without the consent of the board as he has no delegated powers assigned to him by the board.

The appointment of Phil Molefe was flawed and procedurally unsound. It is deeply problematic that Mr. Molefe has now been confirmed before all of these procedural problems were resolved. We will now request the public's watchdog, the Public Protector to investigate the matter fully.