Parliament’s ad hoc committee looking into the crisis at the SABC is confident a last-minute interdict application by SABC chairman Mbulaheni Maguvhe will fail.
Maguvhe, the last remaining board member, launched an urgent court application at the weekend to interdict Parliament from proceeding with an inquiry into the problems at the public broadcaster.
"Yesterday our [legal representatives] went to court and indicated our intention to oppose the interdict. We are confident the courts will rule in our favour and we are hoping the matter will be put to rest after the hearing on Friday," ad hoc committee chairman Vincent Smith said in Parliament on Tuesday.
The ad hoc committee was meant to begin its work on Tuesday. Smith said the inquiry would be postponed until after Friday’s interdict case.
The committee meeting on Tuesday was now a "preparatory meeting for the inquiry", Smith said.
"As soon as the court has made the ruling, we will be ready to roll 24 hours after that. What it means is we have lost two-and-a-half days…. I don’t think that should be a train smash. Our programme did not incorporate Mondays and Thursdays, so if need be we can include those days," said Smith.
Maguvhe is understood to be concerned that some members of the ad hoc committee set up to investigate the SABC and its dysfunctional board — such as DA MP Phumzile van Damme and EFF chief whip Floyd Shivambu — are biased against him because they have made up their minds that the SABC board must be dissolved. He wants the ad hoc committee to be reconstituted without the "partial members".
Briefing members of the ad hoc committee on the matter on Tuesday, Parliament’s legal adviser, Zuraya Adhikari, said Maguvhe’s arguments did not hold water.
"There is in fact precedent [in which the courts have dealt with a similar matter] … everyone has predisposition or views about issues but this should not preclude them from an inquiry," said Adhikari.
It also emerged that the SABC had refused to supply the committee with crucial documents.
The refusal to submit the documents would also be dealt with in Maguvhe’s interdict case on Friday, Adhikari said.
MPs had argued that those who refused to provide the documents should be charged for contempt of Parliament.
The ad hoc committee wants to call in 30 witnesses to give evidence, including the SABC Eight (journalists who opposed the decision not to broadcast violent footage of violent protests), former board members, Communications Minister Faith Muthambi and erstwhile public protector Thuli Madonsela.
However, Madonsela indicated to the committee that she will not be available during the proposed dates in December due to prior commitments. MPs suggested alternative dates, but she has yet to respond.
Current Public Protector Busisiwe Mkhwebane indicated to the committee in writing that she did not see any value in the inquiry as there was only one remaining SABC board member.
Mkhwebane said she would not be available to give evidence, but would send in three of her staff members who were competent to answer questions on the issues at the SABC, on condition that they give evidence in camera.
MPs were irked by Mkhwebane’s response.
"The new public protector must be told that this is the institution she reports to. It is part of her job description to appear. Parliament is her boss … her response is very disrespectful," EFF MP Mbuyiseni Ndlozi said.
Smith said the committee would consider requests from individuals to give evidence in camera, but not from state institutions.
The committee resolved to meet with Parliament’s legal advisers behind closed doors on Tuesday to further discuss Maguvhe’s court application and the way forward.
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