TAXPAYERS should contribute up toÃƒâ€šÃ‚Â 1% of their personal income tax to fund the development of broadcasting, the new Public Service Broadcasting Bill proposes, writes Chantelle Benjamin in The Weekender.
The bill, published this week for comment, also scraps television licence fees, gives substantial power to the communications minister over the SABC board and ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œany entity identified in the actÃƒÂ¢Ã¢â€šÂ¬Ã‚Â if itÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s believed they are unable to perform their functions .
The draft legislation, which controversially went directly from a discussion document to a bill, is being presented as an amendment to the present Broadcasting Act of 1999. But Kate Skinner, spokeswoman of the Save Our SABC Coalition, says it is ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œa complete repeal of the Broadcasting ActÃƒÂ¢Ã¢â€šÂ¬Ã‚Â.
Members of the coalitionÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Â among others the Freedom of Expression Institute, Media Monitoring Africa, unions in the broadcasting sector and academics ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Â met in Johannesburg on Friday to discuss the bill.
Skinner says they decided to appeal to Communications Minister Siphiwe Nyanda for more time to make submissions. The department has asked for public comment by December 7.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe bill is a major shift from the previous legislation,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she says. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œIt is not an amendment but a complete repeal of the existing legislation and outlines what they want the broadcast environment to be. The inclusion of a broadcast fund is a brand new idea.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Nyanda described the bill in his b udget s peech in June as ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œa new vision and mandate for public broadcasting services in line with SAÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s developmental agendaÃƒÂ¢Ã¢â€šÂ¬Ã‚Â.
Skinner says the coalition is concerned about several aspects of the bill, and plans to ask the ministry for information or research that contributed to the decisions.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe new bill aligns the public broadcasting to the developmental state, rather than the c onstitution as in the past,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she says.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThis could mean the state sets the agenda for what is required and means that the broadcaster would be less independent.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe bill does not define what a developmental state is.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
The coalition is also concerned about a proposal that the Media Development and Diversity Agency manages the broadcast fund. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œItÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s a very small agency at the moment and will be dealing with hundreds of millions of rand ,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she says.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œWe want to know how it will operate ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Â issues like governance and independence of the fund would have to be addressed and it would need to be substantially strengthened.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Skinner says that the bill gives Nyanda ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œsignificantlyÃƒÂ¢Ã¢â€šÂ¬Ã‚Â more power than the Broadcasting Act does. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe minister may direct any of the entities specified in this a ct to take any action pursuant to the Public Service Broadcasting Bill if the entity is unable to perform its functions as prescribed in this a ct,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â it reads.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThe minister may, subject to this a ct and the Electronic Communications Act, instruct the board to take any action specified by the minister if the c orporation is: in financial difficulty or being otherwise mismanaged; has acted unfairly or in a discriminatory or inequitable way towards a person to whom it owes a duty under this act or a related a ct; failed to comply with a directive given by the minister under the a ct; or has obstructed the minister or a person authorised by the minister in performing a function in terms of this a ct.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Skinner says the role envisaged for Nyanda shifts the SABC ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œtowards a state rather than public broadcasterÃƒÂ¢Ã¢â€šÂ¬Ã‚Â.
She says interested parties will need much more time to review the bill than the government is proposing.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThis is the first time we have had any idea where the government is going. The g overnment went straight from a discussion document to a bill.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
She says what isnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t clear at all in the bill is how the government envisages businessÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s contribution to the broadcast fund.
On Friday afternoon, the SABC sent out a statement warning the bill still had to undergo a public consultation process and various legislative processes before it became law, and South Africans were required to pay their licences until notified otherwise.
Click here to read the full report, posted on The Weekender's website.