Cape Town - A parliamentary inquiry has found SABC boss Ellen Tshabalala guilty of misconduct and lying under oath, with calls for her not only to be dismissed, but to be charged criminally.
The lengthy process into Tshabalala’s conduct, which has been marred by delays, finally came to a conclusion on Wednesday.
The communications committee, which held an inquiry into allegations that she had lied about her qualifications, unanimously agreed to have her removed as SABC chairwoman.
The committee recommended that Tshabalala be suspended from her position immediately pending the National Assembly adopting the committee report which recommended that she be dismissed.
On Wednesday, the committee pressed ahead with its inquiry in Tshabalala’s absence.
Committee chairwoman Joyce Moloi Moropa submitted a plea of not guilty on her behalf as required.
However, Parliament can only adopt the committee’s recommendation that she be dismissed next year when the National Assembly sits again in February.
If adopted by the National Assembly, the committee’s resolution will be sent to President Jacob Zuma who will have 30 days to remove Tshabalala from office.
Tshabalala faced two charges, one for misconduct – for allegedly lying about her qualifications to the National Assembly) – and perjury for lying in a sworn affidavit about losing her certificates in a burglary.
“Indeed Ms Tshabalala should be found guilty on charge one. The second charge relates to the affidavit that Ms Tshabalala made. You would note that when asked to produce certified copies of her BComm and diploma in labour relations, Ms Tshabalala decided to send this affidavit. In the affidavit she claims to have lost her documents in this burglary when she lost her bag and other belongings,” Parliament’s senior legal adviser Ntuthuzelo Vanara said.
It was his submission that when Tshabalala made the affidavit “she knew she was lying” and she lied under oath which, in terms of section 9 of Justices of the Peace and Commissioners of Oaths Act, was in itself an offence. “It is my respectful submission that the committee finds Ms Tshabalala guilty on count two as well,” said Vanara.
Committee member Maesela Kekana (ANC) took it a step further when he called for Tshabalala to be charged criminally. “I just want to support what my colleagues have said. I think number one, suspension must take place. We must suspend her because she’s a bad example. Number two, it’s very important for her to be in fact criminally charged. It’s an offence for her to lie to us,” said Kekana.
DA MP Gavin Davis said the finding was an excellent outcome, “marred only by the frivolous and vexatious delaying tactics of Tshabalala and her legal team”.
Moloi Moropa said as member of SABC board, Tshabalala was guilty of conduct constituting misconduct in terms of Section 15A of the Broadcasting Act and that she committed misconduct by misrepresenting or lying about her academic qualifications in her CV submitted to the National Assembly.
“However, in light of the spirit of natural justice the committee will give her 14 days to respond to the recommendations in the report that will be tabled in the National Assembly,” said Moloi Moropa.
Unisa’s executive director for legal services, Jan van Wyk, said there was no record of Tshabalala ever completing her studies after registering for the first time in 1988. He said Tshabalala again registered with Unisa in 1996.
Van Wyk said Tshabalala performed dismally in some of her courses.
Tshabalala’s legal representative Michael Tilney, left the inquiry after reading out an affidavit on Tshabalala’s behalf.
In her affidavit Tshabalala maintained her stance that the inquiry was a disciplinary hearing and that she would not be given a fair hearing.
Tshabalala has lodged an appeal against the Western Cape High Court’s decision to dismiss her application. She also filed notice of leave to appeal a Western Cape High Court order which refused her bid to halt the inquiry.
“This is an important matter which is unprecedented and which has legal and constitutional consequences. In these circumstances I cannot participate in a hearing, the outcome of which has been pre-ordained. My rights in this regards (are) reserved,” said Tshabalala.
Senior political reporter Marianne Merten writes that it will be up to President Jacob Zuma to decide whether Tshabalala keeps her job until Parliament adopts a recommendation that she be removed from office. While the president in law has no choice but to sack her once the National Assembly has adopted a resolution for removal from office, the Broadcasting Act does allow Zuma discretion over whether or not to act on a call for suspension.
The communications committee inquiry was the first ever to take place.
Previous, SABC board chairpersons resigned when under pressure amid the ructions at the financially-unstable public broadcaster.
‘TRail of deceit’
July 18 2013: Interim SABC chairwoman Ellen Tshabalala applies for a position on the permanent SABC board. On her CV, Tshabalala claims that she has a diploma in labour relations and a BComm degree from Unisa.
July 23 2013: Tshabalala deposes an affidavit at Sandton police station that her house was broken into and goods, including her certificates, were stolen.
October 3 2013: President Jacob Zuma appoints Tshabalala chairwoman of the SABC board.
July 13 2014: The City Press breaks the story on its front page with the headline: “SABC Boss Lied to Parliament.”
July 14 2014: DA MP Gavin Davis writes to the communications committee chairwoman to request an inquiry into the allegations as envisaged in section 15 of the Broadcasting Act.
July 15 2014: Committee chairwoman Joyce Moloi Moropa writes to Davis to say that the matter has been referred to Parliament’s legal unit.
September 23 2014: Moloi-Moropa writes to Tshabalala to say that the president, not the committee, is the appointing body. Any request for a hearing must therefore be made to the president.
September 23 2014: Tshabalala is served with a “Notice of Hearing” in which she is requested to appear before a Parliamentary Inquiry on September 25 to answer two charges against her:
October 14 2014: Independent Media reports that ANC leaders in Luthuli House are pressuring Tshabalala to resign from her position before she is removed.
The inquiry – postponed from September 25 – is held in a Cape Town hotel. Tshabalala’s lawyer, Norman Arendse SC, employs a range of delaying tactics to get the inquiry postponed again. The DA does not support the postponement on the grounds that Tshabalala had “been given ample time (three weeks) to prepare for it”.
October 23 2014: Tshabalala obtains a court interdict to prevent the committee from proceeding with the inquiry on the grounds that she will not get a fair hearing. The case is set down for November 3.
November 3 2014: At the hearing, Arendse argues that the inquiry is a disciplinary hearing and that certain rights should therefore be accorded to Tshabalala.
November 12 2014: Judge J Baartman dismisses Tshabalala’s court challenge.
December 3 2014: Tshabalala is found guilty by committee.
Political Bureau