Key Highlights :
1. President Cyril Ramaphosa acted unlawfully when he asked Parliament to reconsider the list of names submitted to him for appointment to the SABC board. This was the legal opinion of Parliament's legal advisor, Andile Tetyana.
2. The letter by the president is not only unprecedented, but it is grossly unlawful. The letter of 9 March has got no basis in law.
3. In December, the president was given a list of people to be appointed to the SABC board, as the law requires. There was great urgency in Ramaphosa signing off on the board appointments because the public broadcaster has been without a board for five months. This means crucial decisions on the functioning of the SABC cannot be taken.
4. On Thursday, the portfolio committee heard feedback on the legal opinion sought on Ramaphosa's referral of the matter back to the committee. Tetyana said that according to the legal opinion gathered, Ramaphosa had no basis for referring the recommended names back to Parliament. The law states that Ramaphosa be given a list of 12 names he must appoint to the board. Included in this list was a reserve pool of candidates that could be considered should one of the recommended people be unable to take up their position on the board. Ramaphosa raised concerns about the unavailability of one of the recommended candidates, Professor Franz Krüger.
5. But even with Krüger's withdrawal, the president had a choice of reserve pool names, which were ranked and which he could pick from to replace Krüger.
6. The president is constitutionally bound to appoint as per the resolution of the National Assembly. If the president has, for whatever reason, felt that what Parliament directs him to do is unlawful, the president has one option – he has to approach a competent court.
President Cyril Ramaphosa acted unlawfully when he asked Parliament to reconsider the list of names submitted to him for appointment to the SABC board, Parliament's legal advisor has found.
The legal advisor, Busisiwe Mkhwebane, has written to the president to inform him that he did not have the power to ask Parliament to reconsider the list of names submitted to him.
The president was only allowed to appoint members of the board from within the SABC board, and was not allowed to ask Parliament to reconsider the list of names.
This is the first time that the president has been challenged over his power to appoint members of the SABC board.
The president has until 5pm on Friday to respond to the legal advisor's letter.
Continue Reading at Source : news24