SUMMARYOFTHEPUBLICSERVICEBROADCASTINGBILL,CHARTEROFTHESABCANDTHECHARTER OFCOMMUNITYBROADCASTINGSERVICES,2009 Intrductin SOS: Supprting Public Bradcasting Calitin and the NCRF have develped this dcument which summarises the prpsed Bill t enable cmmunity radi and civil sciety rganisatins make submissins t the DC. The resurce pack t assist with submissins cnsists f a Critical Issues dcument which raises sme f the critical pints, this summarised versin f the Bill, a legal pinin and a shrt audi recrding. A full versin f the prpsed Bill can be fund n: www.dc.gv.za The Public Service Bradcasting Bill, 2009 Sme f the main prpsals f the Bill are: T align public bradcasting including cmmunity bradcasting t the develpmental state. Prpses that public bradcasting be the respnsibility f all tiers f bradcasting public, cmmercial and cmmunity. T d away with televisin license fees and replace it with a tax n incme each persn pays 1% f their annual incme as a tax fr public bradcasting T establish the Public Service Bradcast Fund as a central fund which will supprt SABC, cmmunity bradcasters, Sentech, cntent; T create an Internatinal Bradcasting Services Divisin within the SABC T spell ut the rle f the Minister in respect f public bradcasting; T prvide Charters fr the SABC and cmmunity bradcasting services; T create a cmpetitive lcal cntent industry and creates a Lcal Cntent Advisry Bdy t achieve this. T ensure that everyne has access t bradcasting services and benefits frm bradcasting. Cntribute t demcracy, develpment f sciety, gender equality, natin building, prvisin f educatin and strengthening the cultural, plitical, ecnmic, spiritual and mral fibre f sciety. Cntribute t a better Africa Page 1
The Public Service Bradcasting Fund The Bill prpses the setting up f a Public Service Bradcasting Fund (PSB Fund) which will be funded thrugh: Persnal incme tax 1% f the ttal annual incme / annual incmes per persn/s Mney frm Parliament; Cntributins frm bradcast services licenses; 1 Cntributins frm business; and Mney wed t the PSB Fund frm ther surces The PSB Fund shuld be managed by the Media Develpment and Diversity Agency (MDDA) The mney in the PSB Fund must be used nly fr: The public service divisin f the SABC including reginal televisin and internatinal bradcasting services; Cntent develpment; Cmmunity bradcasting; Signal distributin activities by Sentech t ensure universal access i.e. Sentech can nly get mney frm the Bradcast Fund t activities related t ensuring universal access The Bradcasting and Signal Distributin Museum; Cmmercial bradcasters wh want t undertake public service bradcasting Fr any ther public service bradcasting uses that the Minister determines in cnsultatin with the Minister f Finance; The MDDA must develp criteria fr allcating PSB Funds and the Minister will apprve these criteria in cnsultatin with the Minister f Finance; Thse wh receive funding frm the PSB Fund need t accunt in terms f the Public Finance Management Act (PFMA) and general Treasury regulatins. The pririty fr funding frm the PSB Fund: 1. Public bradcasting services, including reginal services; 2. Cntent develpment; 3. Cmmunity bradcasting services; and 4. Signal distributin by a cmmn carrier 1 IntermsfSectin89(3)ftheElectrnicCmmunicatinsActf2005 Page 2
Chapter 5: Public Bradcasting Services: The SABC The SABC exists t serve the public interest. The SABC must cnsist f three separate peratinal divisins: A public service divisin; Makes services available in all fficial languages and have high quality in all the languages Reflects the unity and diverse cultural and multi-lingual nature f Suth Africa Prvides fair, unbiased, impartial, balanced and independent 2 news and public affairs prgrammes f high jurnalistic standards as well as fair and unbiased cverage, Has educatinal prgrammes - including, amngst thers, human rights, health, early childhd develpment, agriculture, culture, religin, justice, and cmmerce and cntribute t a shared Suth African cnsciusness and culture; Enriches ur cultural heritage by supprting traditinal and cntemprary artists; Offers a brad range f services targeting children, wmen, the yuth and the disabled; Include prgrammes made by the SABC itself and thse prduced by independent prducers; Include natinal sprts prgrammes as well as develpmental and minrity sprts; It will als include additinal services fr educatin, health, yuth, SMME s, Parliamentary services and Gvernmental and interactive services It will have reginal services that will bradcast in the fficial languages relevant fr the regin; will priritise news reprting and current affairs f the relevant regin and will reflect reginal diversity; The reginal services can als get funding frm prvincial gvernment thrugh the prvincial legislatures; Funding fr the public service divisins f the SABC, including reginal televisin services, will be frm the PSB Fund; Subsidies frm the cmmercial divisin; Grants, nn-cmmercial spnsrship and dnatins; and Advertising and cmmercial spnsrship 2 IndependentfrmbthGvernmentandcmmercialinterests Page 3
A cmmercial service divisin: The purpse f the cmmercial divisin is t make mney and that mney shuld be used fr the public service divisin. It must cmply with ICASA s plicy and regulatins fr cmmercial bradcasters. It must cmply with the values f public bradcasting in its prgrammes and services. It must cmmissin a significant amunt f prgramming frm independent prducers. An internatinal bradcast divisin: Cntribute t a diversity f views and cntent n the African cntinent, prmtes reginal integratin; Prmte Suth Africa s freign plicy and shuld be subject t the cuntry s freign plicy related t, amngst thers, Africa s develpment, recnstructin, peace and stability. Cmmissin a fair amunt f prgramming frm varius African cuntries in supprt f develping and prmting the African cntent industry. Cmply with the values f internatinal bradcasting services in its prgrammes and services. It will be funded by the PSB Fund, state grants and the Minister will determine the minimum revenue t be generated frm advertising and spnsrships, grants and dnatins. Gvernance f the SABC The Bard f the SABC cntrls the Crpratin. The Bard cnsists f 12 peple wh are appinted n a nn-executive basis. They must be Suitably qualified and experienced - in bradcast plicy and technlgy; bradcasting regulatin, media law, business practice and finance, marketing, jurnalism, entertainment, educatin, scial and labur issues; Be cmmitted t fairness, freedm f expressin, the right f the public t be infrmed, penness and accuntability; Represent a brad crss-sectin f the ppulatin and different regins f the cuntry; Be nminated thrugh a public prcess with transparency and penness and the shrt-list must be published. Page 4
The Chairpersn and Deputy Chairpersn must be nn-executive members The qurum f the Bard will be nine members and must include the Chairpersn r the Deputy Chairpersn. Every member f the Bard must take an ath r affirmatin cmmitting him / her t fairness; freedm f expressin, penness and accuntability, serving the public interest; and, uphlding and prtecting the Charter and ther laws f the cuntry, including the Cnstitutin Chapter 6: Cmmunity Bradcasting Services Cntribute t cmmunity develpment by: Prviding using lcal languages, culture and religin t educate, infrm and entertain; Reflecting the cmmunity s language and culture in cntent and prgramming and strengthening cultural and linguistic diversity rights and access; Prviding develpment cntent and serving as a vehicle fr cmmunity develpment; Prmte cmmunity participatin in cntent develpment and wnership; Takes int accunt cultural, religius, language and demgraphic needs; Prmtes tlerance and demcracy; Prvides distinctly lcal service fcusing n cmmunity issues nt cvered by the public bradcasters in the area Is educatinal, infrmative and entertaining Fcuses mainly n develpmental issues, health, basic infrmatin and educatin, envirnmental affairs, lcal and internatinal affairs and reflecting lcal culture; and Imprves quality f life and prmtes a shared sense f purpse within a demcracy. Ensures cmmunity integratin and chesin; Offer cntent, news and public affairs, dcumentaries and sprt that is mainly lcal and cmmunity based. Statins must frge partnerships with lcal municipalities as these are the lcus f develpment. Page 5
Gvernance: A cmmunity statin will be gverned by a Gverning Cuncil. The Gverning Cuncil will have between 5-7 members elected by the cmmunity at a public meeting. The term f ffice fr a Gverning Cuncil member will be a maximum f 3 years. Members f Gverning Cuncil: Shuld have relevant experience and expertise - bradcasting, educatin, management, cmmunity develpment, religin, culture, finance r any ther relevant skills. Shuld be cmmitted t cmmunity develpment; Shuld be bradly representative f the cmmunity in the cverage area, including gender; Live full-time in the area f cverage; Be cmmitted t the bjects and principles f the Charter fr cmmunity bradcasting service; Anyne wh replaces smene wh leaves will fill the psitin fr the perid remaining f the departing persn s term f ffice. Gverning Cuncil vacancies must be advertised in an accessible way. Qurum will be three members f the Gverning, including the Chairpersn r Deputy Chairpersn. Funding fr cmmunity bradcasting services will be frm: The PSB Fund which requires cmpliance with the PFMA; Grants and dnatins; Advertising regulatins will determine the percentage. Fr its develpment mandate, it must partner with municipalities: Obtain infrmatin abut develpment frm the municipalities; Obtain physical space, facilities and infrastructure frm municipalities. Facility sharing; Page 6
General supprt including financial supprt frm municipalities t cmmunity bradcasters; Ensure a cmprehensive apprach t develpment. A Standard Terms f Agreement Framewrk will be develped by ICASA t utline the terms f the Agreement t prtect the independence f cmmunity bradcasters. ICASA is respnsible fr mnitring these partnerships and fr reviewing the Framewrk frm time t time. Cmmercial bradcasters are encuraged t supprt public services bradcasting and can apply t the PSB Fund fr this purpse. Chapter 7: Ensuring universal access t bradcasting services Sentech must ensure access t bradcasting services by citizens and cntent prviders t a rbust transmissin netwrk infrastructure. Sentech s signal distributin netwrk is declared an essential facility and therefre a cmmn carrier in terms f the Natinal Key Pints Act 102 f 1980. As a cmmn carrier, Sentech must: Ensure universal access t bradcasting services by priritising rural areas in terms f its rllut f the transmitter netwrk; Ensure that a rbust transmissin netwrk infrastructure is maintained and available; Carry bth public and cmmunity bradcasting services at reasnable csts; and Cntribute t an infrmatin sciety by rlling ut bradband infrastructure t rural cmmunities. Sentech can apply fr PSB Funds fr signal distributin services nly Chapter 8: The Functins ICASA in Public Service Bradcasting The general functin f ICASA must be t mnitr and enfrce strict cmpliance with public bradcasting in general and the Charters f Public and Cmmunity bradcasting services. The specific functins f ICASA in relatin t SABC: Page 7
Cnduct public hearing at least twice a year (biannually) abut SABC s cmpliance with the Charter; Investigate public cmplaints by the public and call the Bard t a hearing regarding the cmplaints; Usage f mney frm the PSB Fund; Impse fines and penalties; and Any matter related t the SABC s fulfilment f its mandate. The specific functins f ICASA in relatin t Cmmunity Bradcasting Services: Strict cmpliance with the Cmmunity Bradcasting Services Charter; Suspend r revke a license where there is instability r cnflict at the statin based - nncmpliance with the Act r license terms and cnditins Managed apprach t the licensing f the sectr t ensure sustainability; Dispute reslutins at the statins; and Cnduct hearings n the perfrmance f the sectr. These pwers and actins will ccur in cases where cmmunity bradcasting service licensees have been given a reasnable pprtunity t be heard and have failed n numerus ccasins t remedy the prblems. The specific functins f ICASA in relatin t a Cmmn Carrier: Mnitr the transmitter rllut plans t ensure universal access t transmitter netwrks by bradcasters, cntent prviders and bradcasting services by citizens; Cnduct inquiries and review tariff structures set by Sentech; Cnduct investigatins int the quality f signal distributin services prvided by Sentech; Pwers t inspect the bks in terms f mnies received frm the PSB Fund, direct subsidies and / r grants frm the State Impse fines r penalties in cases where Sentech has cntinuusly failed t fulfil its mandate The specific functins f ICASA in relatin t the MDDA and PSB Fund: Hld public hearings n the perfrmance f MDDA in relatin t the PSB Fund; Investigate cmplaints regarding the Fund frm beneficiaries and interested persns; Receive annual reprts n the usage f the Fund; Make recmmendatins t the Minister in relatin t the Fund. The fines and penalties impsed by ICASA in terms f this Act may be mney and / r additinal bligatins. If it mney, the fine will be paid int the PSB Fund. Chapter 9: The Rle f the Minister Page 8
The Minister is ultimately respnsible fr the effective mnitring f this Act. The Minister may set up an advisry bdy t assist him/her in perfrming this mnitring functin. The Minister will determine the nature, terms f such a bdy, its cnditins and its cmpsitin. When it is established, the bdy will mnitr and advise the Minister n the implementatin f public service bradcasting matters including: Hw the different bradcasters especially public and cmmunity bradcasters are achieving the mandate f public service bradcasting Funding matters; Signal distributin; Plicy and regulatins; Lcal cntent matters and/ r; Any ther matter that may be critical t the successful implementatin (and within the scpe f this Act) and public service bradcasting in general. In this regard, the advisry bdy will wrk clsely with the Lcal Cntent Advisry Bdy 3. Regulatins by the Minister The Minister may make regulatins regarding: The cntributins t the PSB fund and the usage f the Fund; Any exemptins t cntribute t the PSB Fund; and Any matters related t public service bradcasting with the exceptin f thse that prhibited in terms f the EC Act And these regulatins must be published in the gazette. Interventin by the Minister in terms f SABC The Minister can, instruct the Bard f the SABC t take any actin cnsidered necessary by the Minister if the SABC: Is in financial difficulty r is being mismanaged; Is unable t perfrm effectively; Has acted unfairly r in a unfair r discriminatry way twards a persn it has a duty t in terms f this Act; Has failed t cmply with any law; Has failed t cmply with any directive given by the Minister in terms f this Act; r Has bstructed the Minister r a persn authrised by the Minister in perfrming a functin in terms f this Act 3 TbeestablishedintermsfSectin28ftheBill Page 9
If the SABC fails t remedy the situatin within the given time perid, the Minister may after giving the SABC a reasnable pprtunity t be heard and after having affrded the SABC a hearing n any submissin received write t ICASA r the Appinting Bdy 4 t take apprpriate actin. Such apprpriate actin culd include (but is nt limited t) cnducting inquiries, recmmendatins fr replacement r remval f the Bard member(s) by Parliament. Chapter 10: Establishment f Bradcasting and Signal Distributin Museum The Bill prpses the setting up f a Bradcasting and Signal Distributin Museum jintly by the SABC and Sentech. The purpse f the Museum is t shw the evlutin and histry f bradcasting and signal distributin in Suth Africa. The Museum must be set up within 18 mnths f the start f this Act. The Museum must be funded by funding set aside by Parliament fr this purpse; frm grants, dnatins, spnsrships and frm subsidies frm the prpsed PSB Fund. The SABC may charge reasnable entry fees t the Museum and shuld encurage the public t visit it. Chapter 11: Lcal Cntent Industry and the Advisry Bdy t Minister ICASA shuld issue and Invitatin t Apply (ITA) fr specialist channels priritising children, ethndcumentaries and wildlife within 9 mnths f the digital switch-ver frm analgue t digital t increase demand f lcal cntent These specialist channels may be public channels r cmmercial channels r public/private partnerships with significant wnership by peple frm histrically disadvantaged backgrunds. These specialist channels will be able t get revenue frm the PSB Fund, depending n their wnership structure. ICASA will determine hw these specialist channels can derive mnies frm advertising. These specialist channels will: Have a natinal cverage and be prvided n a free-t-air basis; Owned by Suth African persns r grups; Offer specialist prgramming that is mainly lcal; and Ensure significant space fr prgrammes prduced by the independent prductins sectr. 4 TheAppintingAuthrityistheauthritythatappintstheBardftheSABC Parliament Page 10
The Minister must establish a Lcal Cntent Advisry Bdy t advise him / her n hw t supprt the develpment, prductin and display f lcal cntent. The Minister, in cnsultatin with the Minister f Finance, will decide n the cmpsitin, allwances and meetings f the Advisry Bard. The Advisry Bard must advise the Minister n: Prducing bradcasting materials that reflect the cultural needs f Suth Africans; The screening and airplay f lcal cntent n digital platfrms; The marketing f lcal cntent in Suth Africa and freign markets; The distributin and shwing f lcal cntent in freign markets; Equity in the lcal cntent prductin industry; Human resurce develpment f lcal cntent prviders; C-prductins and internatinal agreements; Effrts t deal with signal piracy, intellectual prperty prtectin and cyber-security; and Prtectin f cpyrights and prtectin f children against harmful cntent. Plicies and strategies fr prducing and displaying lcal cntent; Financing strategies t supprt prducing and displaying lcal cntent; Supply-side measures and initiatives t supprt prducing lcal cntent; and Plicies t bst lcal cntent prductin fr the multi-channel and digital bradcasting envirnments. THE SABC CHARTER Terms f Charter The Charter will remain valid fr between 5 and 10 years. The SABC public service mandate and bjects: The SABC s primary mandate is t serve the public interest. It can have cmmercial activities t the extent allwed by this Charter, the PFMA and has t be apprved by the Minister in cnsultatin with the Minister f Finance. Hw the SABC prmtes its Public Service Mandate: The SABC s missin is t infrm, educate and entertain It shuld be a leader in public service bradcasting It uses televisin, radi and nline services t achieve its missin. It can als use new technlgies as they develp. Page 11
It can als have ther activities t assist in achieving its missin but bradcasting shuld be the primary fcus. The Independence f the SABC: The SABC has freedm f expressin, jurnalistic, creative and prgramming independence as enshrined in the Cnstitutin. Cnstitutin In the SABC, the Bard and Executive Management play inter-linked and cmplementary rles. The Bard s main rle is t set the verall strategic directin and pririties fr the SABC and t exercise general versight ver the Executive Management. Executive Management is respnsible fr implementing the strategy, all aspects f peratinal management, efficient use f resurces accrding t the PFMA and ther legislatin. Relatinship between the Bard and Executive Management: Executive Management takes instructin frm the Bard. The Bard is the highest bdy in the SABC. Executive Management has peratinal respnsibility fr activities. The Bard and Executive management must be guided by general principles f gd crprate The Bard f the SABC The Bard cnsists f 12 members a Chairpersn, and a Deputy Chairpersn, and 10 rdinary members appinted by the President n advice frm the Natinal Assembly 5 Every member f the Bard must take an ath r affirmatin cmmitting him / her t fairness; freedm f expressin, penness and accuntability, serving the public interest; and, uphlding and prtecting the Charter and ther laws f the cuntry, including the Cnstitutin The President appints the Chair and Deputy Chair. The Chair must: 5 InaccrdancewithSectin19ftheAct Page 12
Make sure that the Bard perfrms as a chesive unit; Prvide strategic leadership t the Bard and the SABC; Make sure that the Bard and its cmmittees functin effectively; Ensures that the SABC accunts t the Sharehlder (the DC) and the public The Deputy Chair acts in the absence f the Chair. During this time, the Deputy Chair is the Acting Chairpersn. The Deputy cannt act fr mre than 6 mnths. The President will determine the perid f ffice fr Bard members but it will nt be fr lnger than 5 years. A member will stp hlding ffice: At the end f the term f ffice; If a written resignatin t the President is submitted; If the President terminates the appintment: On the basis f miscnduct r inability t perfrm after due prcess; On the basis f a reslutin adpted by the Natinal Assembly; On the basis f a written resignatin with 3 mnths ntice. The President can reduce the ntice perid. If he / she becmes bankrupt; If he / she suffers frm a mental disrder; If he / she fails t attend Bard meetings cntinuusly fr three mnths r lnger withut Bard apprval; and If the Bard recmmends the resignatin t the President fr any reasn. The Natinal Assembly can recmmend the disslutin f the Bard n the basis f: If the Bard fails in its fiduciary duties; The Bard des nt adhere t the Charter; The Bard des nt carry ut its activities. An interim Bard f 5 members must be set up if the Bard is disslved: The Natinal Assembly recmmends the interim Bard members. The interim Bard will nt act fr mre than 6 mnths. Page 13
All bard members must make the required disclsures. Bard members must recuse themselves frm bard meetings where there is a cnflict f interest Their disclsures and the Bard s decisin abut the disclsure must be minuted. If a Bard member fails t make a disclsure, the bard prceedings will be null and vid A persn cannt be a Bard member if: He / she is nt a citizen r a permanent Suth African resident. Is cnvicted fr any ffence. Has cmmitted fraud, crruptin r perjury. The Minister will determine Bard members remuneratin accrding t Natinal Treasury Regulatins. The Minister, with the Natinal Assembly, must set up a perfrmance management system t mnitr and evaluate the perfrmance f the Chairpersn and Bard members. The Bard will meet t cnduct its wrk. The Bard will determine the prcesses and prcedures fr undertaking its wrk standing rders. The standing rders will make prvisin fr telephne r vide-cnferencing. Seven members f the Bard, including the Chair r the Deputy Chair, will cnstitute a qurum. Bard cmmittees The Bard shuld set up the fllwing sub-cmmittees: Public Service; Cmmercial Service; Internatinal Service; Any ther apprpriate cmmittees. Page 14
Cmmittees must reprt t the Bard n prgress twards achieving their mandates. The Bard will decide n the number, cmpsitin and respnsibility f the cmmittees but cmmittees cannt include nn-bard members. Regulatins The SAC must develp prper financial regulatins t manage the Crpratin s resurces effectively. These regulatins must be apprved by the Minister after cnsulting with the Minister f Finance. The SABC must decide hw t publicise the regulatins. The SABC must have a bank accunt with a registered bank. The SABC may invest surplus mnies n the apprval frm the Minister. The surplus can be carried ver t the next financial year. Any dividends received by the State frm this surplus must be paid t the Natinal Revenue Fund. Functins f the Bard The Bard cntrls the affairs f the SABC. The Bard appints the Grup CEO, the COO and the CFO and their equivalents in cnsultatin with the Minister. The Bard maintains the integrity f the rganisatin. Ensures cmpliance with bradcasting plicies and regulatry framewrk. Mnitrs perfrmance management in relatin t targets and bjectives Ensures public accuntability The SABC must submit revised plicies t ICASA that cmply with the Act, ICASA s Cde f Cnduct and the license cnditins and terms within a year : News editrial plicy; Prgramming plicy; Lcal cntent plicy; Educatinal plicy; Page 15
Universal service and access plicy Language plicy; and Religius plicy The SABC must ntify ICASA f any plicy amendments in writing within 30 days. The Bard must ensure public participatin in the develpment f the plicies. The Bard must ensure mechanisms fr regular public input n its services. The SABC must develp a Cde f Practice that ensures services and staff cmply with: The cnstitutinal principle f equality; The equitable treatment f all Suth Africans; The right t infrmatin fr all Suth Africans. The mandate t prvide fr a wide range f audience interests, beliefs and perspectives; and A high standard f accuracy, fairness and impartiality in news and public interest prgrammes The Executive Management Administers the affairs f the SABC thrugh the Executive Cmmittee. The executive cmmittee cmprises the Grup CEO, the COO and the CFO r their equivalents as appinted by the Bard. The executive management is accuntable t the Bard. The executive management is respnsible fr: Implementing the strategy, services and pririties set by the Bard; Directing the SABC s editrial and creative utput; The peratinal management f the SABC; Ensuring cmpliance with all legal and regulatry requirements and cmpliance with Bard requirements; The day-t-day management f the SABC and its subsidiaries and the efficient management f the SABC s financial affairs; Accunting t the Bard fr its perfrmance and the perfrmance f the Crpratin; Obtaining Bard apprval fr what it des. Page 16
The Bard Chairpersn must establish a perfrmance management system t mnitr and evaluate the executive management s perfrmance with indicatrs, perfrmance targets and an annual perfrmance measurement prcedure. The Bard must establish a Public Bradcasting Advisry Cuncil t serve as the link between the SABC and the public The Audience Cuncil will be cmpsed f 9 members representing prvincial and reginal diversity; A bard member will be allcated a Audience Cuncil member t ensure that prvincial needs are addressed; The Audience Cuncil is respnsible fr ensuring prvincial frums r platfrms exist t discuss public bradcasting issues access, cntent, prgress n the public mandate, etc. The Audience Cuncil shuld: Assess SABC s perfrmance in prmting its public mandate; Submit a reprt t the Bard every 6 mnths n the SABC s perfrmance in each prvince and n prvincial issues; Publish an annual review reprt assessing the SABC s prgress in meeting its public mandate and this shuld be included in the annual reprt; Will cnsist f persns wh are nt SABC emplyees and wh have public bradcasting r relevant skills; One persn will be elected Chair n a rtatinal basis; The term f ffice will be 4 years The Bard will determine the prcedures and qurum fr the Audience Cuncil s meetings; The Cuncil must reprt regularly t the Bard Members f the Cuncil will nt be paid but will be reimbursed fr expenses incurred; The Bard will establish a framewrk t utline hw the Advisry Audience Cuncil will be set up, its cmpsitin and remuneratin. The Bard will hld annual prvincial cnsultative meetings t engage the public n the SABC s implementatin f its public mandate and reprts f these meeting will be cmpiled fr recrd purpses. Public Cmplaints Handling Framewrk: Will be develped and implemented by the SABC within 6 mnths f Charter being in frce; Page 17
Will be published fr public cmments and will have t be apprved by the Minister; A register f public cmplaints shuld be maintained and made available t the Minister, ICASA r Parliament n request. The Grup CEO is the editr-in-chief f the SABC and is accuntable fr editrial and creative utputs and general management. The SABC will determine the cnditins and benefits fr staff. The Bard and Executive Management will put in place mechanisms t: Cnsult staff n matters that cncern them; Deal with matters f health, safety and well-being; equal pprtunities and training, and terms and cnditins f emplyment. The financial year begins n the 1 st April f each year and ends n the 31 st March f the fllwing year. The Minister may request ther annual statements in additin t the annual financial statements. The Minister must table the annual financial statements in the Natinal Assembly. The SABC must keep prper financial systems and recrds The SABC must prepare annual financial statements; The SABC must reflect each divisin s accunts separately; The SABC must cmply with the PFMA. Auditing The SABC must appint auditrs t cnduct an auditr in additin t the PFMA audit; The auditr must reprt audit disallwances t the Bard; Annual Reprt The Bard must submit its annual reprt tgether with a balance sheet, its audited financial statements and the Auditr s reprt t the Minister by the 30 th September in each year; The Minister must table the reprt in Parliament within 7 days f receipt f the reprt The Bard must ensure the SABC s cmpliance with the PFMA requirements in terms f the annual reprt Page 18
The Bard exists as a legal persn. Brrwing pwers - the SABC needs t the prir written apprval f the Minister and the Minister f Finance in rder t brrw. Rights and Obligatins The SABC must cmply with its license cnditins and bligatins. Articles f Assciatin The existing article f assciatin between the Bard and the Minister needs t be revised t be cnsistent with this Charter and Act; The terms f this Charter will prevail in cases f any cntractin Overseas cncessins The SABC must get the Minister s apprval in cnsultatin with the Minister f Internatinal Relatins befre it acquires any license, cncessin, right r privilege r enters int any agreement with a any ther Gvernment. Cmpliance The SABC must cmply strictly with this Charter; Anyne wh is aggrieved r adversely affected by the SABC s nn-cmpliance, can seek apprpriate remedy; A CHARTER FOR COMMUNITY BROADCASTING SERVICES Preamble Cmmunity bradcasting is: Nn-prfit, Cmmunity wned and managed. Pursues a scial develpment agenda. Page 19
Guiding Principles: Cmmunity develpment and participatin; Offers a plurality f views, and a variety f news, infrmatin and analysis frm a Suth African perspective; Advances cmmunity interests; Prmtes inclusivity by reflecting all Suth Africans; Prtects children against harmful cntent; Cntributes t mral regeneratins; and Respects human rights; including the right t privacy unless there is a cmpelling public interest demand. Terms f Charter The Charter will remain valid fr between 5 and 10 years. Cmmunity bradcasters nature and bjects: Cmmunity bradcasters primary mandate is t serve cmmunity interests. It can have cmmercial activities t the extent allwed by this Charter and the Act. The cmmunity bradcasters missin is t infrm, educate, entertain and be a vehicle fr cmmunity develpment. The Independence f Cmmunity Bradcasters: Cmmunity bradcasters are guaranteed jurnalistic, creative and prgramming independence as enshrined in the Act. Cmmunity bradcasters remain editrially independent even thugh municipalities prvide physical space t them. Cnstitutin In statins, a Gverning Cuncil and Statin Management play inter-linked and cmplementary rles. Gverning Cuncil s main rle is t set the verall strategic directin and pririties fr the statin and t exercise general versight ver the Statin Management. Statin management is respnsible fr implementing the strategy and pririties as set by the Gverning Cuncil, all aspects f peratinal management, and the efficient use f resurces accrding t the PFMA and ther legislatin. Page 20
Relatinship between the Gverning Cuncil and the Statin management: Statin management takes instructin frm the Gverning Cuncil. Gverning Cuncil is the highest bdy in the statin. Statin management has peratinal respnsibility fr activities. The Gverning Cuncil and Statin management must be guided by: General principles f gd crprate gvernance that are applicable, apprpriate and relevant; General management guidelines fr public bdies that is relevant and apprpriate; The Gverning Cuncil: Gverning Cuncil cnsists f 5 members Wh are demcratically elected by the cmmunity; Are members f the cmmunity in the cverage area; Municipal fficials can be c-pted t the Cuncil as ex-ffici members One member must be elected as the Chair and ne as the Deputy Chair. The Chair must: Make sure that the Cuncil perfrms as a chesive unit; Prvide strategic leadership t Gverning Cuncil and the statin; Make sure that Gverning Cuncil and its cmmittees functin effectively; Make sure that strategies are implemented and perfrmance management systems with Statin management are in place Ensures that the statin accunts t the Sharehlder (the DC) and the public. The Deputy Chair acts in the absence f the Chair. During this time, the Deputy Chair is the Acting Chairpersn with all the Chair s pwers. The cmmunity will determine the perid f ffice fr Bard members but it will nt be fr lnger than 4 years. A member will stp hlding ffice: At the end f the term f ffice; If a written resignatin is submitted; If the cmmunity terminates the appintment: Page 21
On the basis f miscnduct; Absence frm three Cuncil meetings withut aplgy ; Inability t perfrm his / her duties effectively A persn cannt be a Cuncil member if: He / she is nt a citizen; Is nt a member f the cmmunity in the cverage area; Is an ffice-bearer r emplyee f a plitical party; Is a Member f Parliament, a Prvincial Legislature r a municipal cuncil; Has a family member r business partner wh wrks fr the statin r has financial interests in the statin (direct r indirect); Is cnvicted fr any ffence; Has cmmitted fraud, crruptin r perjury;. Has been remved frm ffice because f miscnduct. All Cuncil members must make the required disclsures. Cuncil members must disclse their interests and recuse themselves frm Cuncil meetings where there is a cnflict f interest Their disclsures and Gverning Cuncil s decisin abut the disclsure must be minuted. If a Cuncil member fails t make a disclsure, Gverning Cuncil prceedings will be null and vid Members f the Cuncil will nt be paid but will be reimbursed fr expenses incurred prvided that there are funds available fr reimbursement. These payments must be reprted in the annual reprt f the statin. The Gverning Cuncil will meet t cnduct its wrk. The Chairpersn will chair the meetings r the Deputy Chair in the absence f the Chairpersn. Cuncil meetings have t be minuted and be available t the public n request. Bard cmmittees Gverning Cuncil shuld set up sub-cmmittees as needed. Page 22
Cmmittees must perfrm any functin, including decisin-making as delegated by Gverning Cuncil. The Gverning Cuncil will decide n the number, cmpsitin and respnsibility f the cmmittees but cmmittees cannt include nn-bard members. Rle f The Gverning Cuncil: Gverning Cuncil cntrls the affairs f the statin. Gverning Cuncil appints the statin manager f the statin. The Gverning Cuncil is the accunting authrity f the statin. The Statin management Administers the affairs f the statin as appinted by the Gverning Cuncil. The statin management is accuntable t the Gverning Cuncil. The statin management is respnsible fr carrying ut the functins determined by the Gverning Cuncil. The Gverning Cuncil cannt interfere in the day-t-day running f the statin. A Gverning Cuncil member can nly be appinted t the statin management as an interim measure and fr nt mre than 6 mnths. The statin management cnsists f the Statin manager, Prgramming Manager and their equivalents appinted by the Gverning Cuncil. The statin management is respnsible fr: Implementing the strategy, services and pririties set by the Gverning Cuncil; Directing the statin s editrial and creative utput; The peratinal management f the statin; Ensuring cmpliance with all legal and regulatry requirements; The day-t-day management f the statin and its subsidiaries; The efficient management f the statin s financial affairs; Accunting t the Cuncil fr its perfrmance and statin s perfrmance; Obtaining Bard apprval fr what it des. Page 23
The Gverning Cuncil must submit revised plicies t ICASA that cmply with the Act, ICASA s Cde f Cnduct and the statins license cnditins and terms with a year f this Act: News and current affairs; Prgramming and cntent; Cmmunity access t the statin; Language use. The Gverning Cuncil must ensure public participatin in the develpment f the plicies. The Gverning Cuncil must ensure mechanisms fr regular public input n its services The Gverning Cuncil must develp a Cde f Practice that ensures services and staff cmply with: The cnstitutinal principle f equality; The equitable treatment f all Suth Africans; The right t infrmatin fr all Suth Africans. The mandate t prvide fr a wide range f audience interests, beliefs and perspectives; and A high standard f accuracy, fairness and impartiality in news and public interest prgrammes. The Gverning Cuncil must establish a Cmmunity Audience Advisry Cuncil. The Advisry Cuncil will serve as the link between the statin and the cmmunity The Audience Cuncil will be cmpsed f members representing the diverse perspectives f the statin s cverage area; The Gverning Cuncil is respnsible fr ensuring frums r platfrms exist t discuss issues f access, cntent, and prgress n the develpmental mandate, etc. The Audience Advisry Cuncil shuld: Be cnsulted n the statin s perfrmance in prmting its mandate; Submit a reprt t Gverning Cuncil every 6 mnths n the statin s perfrmance in each cmmunity f cverage and issues arising; Page 24
Publish an annual review reprt assessing the statin s prgress in meeting its mandate and this shuld be included in the statin s annual reprt which is submitted t Parliament; Will cnsist f persns wh are nt statin emplyees and wh have relevant skills; The Gverning Cuncil will elect a Cuncil member as Chair n a rtatinal basis; It will meet n an ad-hc basis and will nt need a qurum fr meetings; The Cuncil must reprt regularly t Gverning Cuncil Members f the Advisry Cuncil will nt be paid but will be reimbursed fr expenses incurred; Gverning Cuncil will establish a framewrk t utline hw the Advisry Audience Cuncil will be set up and run. Statins must develp partnerships with relevant rganisatins and peple, and especially lcal municipalities t prmte develpment Organisatinal Matters: The Statin Manager is the editr-in-chief f the statin and is accuntable fr editrial and creative utputs and general management. The statin will determine the cnditins and benefits fr staff. The appintment f general staff will be the statin management s respnsibility. Such staff may be full-time, part-time r vluntary depending n the statin s financial psitin. The statin must keep prper financial systems and recrds Of all mnies received; Of all its assets and liabilities; Of all its financial activities; Within 6 mnths f the financial year end, prepare annual financial statements; These financial statements have t be audited by an auditr The Gverning Cuncil must appint the auditr; The Gverning Cuncil must prepare an annual reprt tgether with a balance sheet and its audited financial statements within fur mnths after the end f the financial year; Page 25
The annual reprt must be available t the cmmunity and ICASA; and The annual reprt must be presented t the cmmunity at a cmmunity meeting and be available fr inspectin at the statin. The statin must invest any surplus funds fr the cmmunity s benefit. This must be mnitred by ICASA. ICASA has the pwer t audit a statin s finances. The statin must be licensed, must pay its license fee and cmply with its license cnditins and bligatins. Page 26