Minister in the presidency Khumbudzo Ntshavheni rebuked her communications counterpart publicly on Wednesday, saying Solly Malatsi’s decision to withdraw the SABC bill breaches protocol.
The disagreement over the withdrawal of the legislation marks another looming tussle among government of national unity (GNU) partners the ANC and the DA.
Malatsi, who is the DA’s former national spokesperson, earlier this week wrote to National Assembly speaker Thoko Didiza, informing her of his withdrawal of the legislation, which was introduced in the sixth administration. He argued that the legislation fell short in addressing the urgent need for a funding model for the public broadcaster.
His withdrawal of the bill sparked an outcry from his deputy, former communications minister Mondli Gungubele, who told Business Day this week that he had informed Malatsi he disagreed with his decision and would publicly declare his objection.
Ntshavheni told journalists at a post-cabinet briefing that the matter of the SABC bill was not discussed by the cabinet, but was referred to the leader of government business, deputy president Paul Mashatile and the cabinet secretary to deal with. It would probably be discussed at the next cabinet meeting. Mashatile also heads the GNU clearing house, set up to resolve disputes between partners.
“The SABC bill is not a private member’s bill, it is a bill of the cabinet and the executive. So in terms of the law, he cannot withdraw it without coming to the cabinet for it to agree on its withdrawal. The bill was initially submitted to parliament after it was approved by the cabinet,” Ntshavheni said. “No minister can withdraw a bill unless it is withdrawn by the cabinet... whatever limitations the minister finds in the bill, he must come and convince the cabinet that there are these limitations and these are the amendments I want to make, so I am requesting cabinet to concur with me that it be withdrawn.”
Responding to a request for comment, Malatsi’s spokesperson Tlangelani Manganyi said the minister was “seeking legal opinion” on the matter and would respond later.
Gungubele said the bill was the result of years of work and could not simply be withdrawn as this would place the SABC’s financial sustainability at risk.
Waste of time
He raised his objection with the chief whip of the ANC, Mdumiseni Ntuli, who also forms part of the GNU dispute resolution body.
Gungubele said the complete withdrawal of the bill was unnecessary and would be a waste of time — particularly as changes could still be accommodated during the current parliamentary process.
“We (Malatsi and Gungubele) have been working well together, but on this matter, we do not see eye to eye ... I believe withdrawing the bill delays an important developmental and transformative intervention.”
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