21 January 1999
President Nelson Mandela will request Parliament to review two clauses of the Broadcasting Bill that, in the opinion of his legal advisors, could be loopholes for a Constitutional challenge, says Jay Naidoo, Minister for Posts, Telecommunications and Broadcasting.
The Broadcasting Bill was passed by Parliament late last year and sent to the President for signature. Concerns about the Constitutionality of two clauses resulted in a thorough review of the Bill in consultation with the Department of Communications.
"What I want to make clear is that the fundamental principles and objectives of the Bill remain intact. Parliament will be requested to review Section 40(1)(a) (dealing with the powers of the Minister in terms of issuing policy directives) and Clause 13A (dealing with general role and powers of the Minister) and to clarify these through the rewording of the clause or by inserting an extra paragraph giving further definition general statements," Naidoo says.
"While it is important to note that the President is satisfied that the Bill does not infringe the Bill of Rights set out in the Constitution, a review has been recommended in order to put it on the firmest Constitutional foundation," Naidoo says.
Naidoo says the contents of the Bill have been extensively discussed by all stakeholders. "I am anxious for it to be passed so that regulatory certainty can be created and we can begin to focus on the major thrust of the Bill which is to open up the broadcasting sector to competition and attracting the capital investment required to build the sector."
Issued by: Ministry for Posts, Telecommunications and Broadcasting