Process for Filling Board Vacancies at Media Development and Diversity Agency
The Media Development and Diversity Agency (MDDA) in South Africa has four board vacancies to fill following resignations and term expirations. The process, as per MDDA Act No. 14 of 2002, includes nominations, appointment by the President, and adherence to principles of public participation, transparency, and candidate shortlisting. Board members must uphold values of fairness, freedom of expression, and accountability, and have diverse qualifications and experience.
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Briefing by PCC Support Staff on the filling of Board vacancies at the Media Development and Diversity Agency 14 August 2018 1
Background The promoting diversity, set up as a partnership between the South African Government and major print and broadcasting companies to assist in (amongst others) developing community and small commercial media in South Africa. It was established in 2003, in terms of the MDDA Act No. 14 of 2002 and started providing grant funding to projects on 29 January 2004. MDDA is statutory ensuring development media agency for and and development 2
Background Cont. In addition to its founding legislation, the MDDA is regulated by: MDDA Regulations; The provisions of the Accountability Agreement; Public Finance Management Act (PFMA). NO. 1 OF 1999; National Treasury Regulations; King Code 4; The Protocol; and All other applicable laws of the Republic of South Africa. 3
Background Cont. A letter dated 23 May 2018 was received from the Minister of Communications (i) informing the National Assembly that four vacancies have arisen in the Media Development and Diversity Agency Board following the resignations of Ms Palesa Kadi and Mr Ronald Lamola, and the expiry of terms of office of Ms Phelisa Nkomo and Ms Louise Vale; and (ii) requesting the National Assembly to initiate a process of filling the four vacancies in the Board of the MDDA in terms of section 4 of the Media Development and Diversity Agency Act, 2002 (Act No 14 of 2002). The Committee advertised and received 35 nominations. The advert closed on 6 July 2018. 31 of the nominated candidates are male and 4 of the nominations received are female. 4
MDDA Act 14, 2002: Section 4(1) a) The Board consist of nine members; b) Six members of the Board must be appointed by the President on the recommendation of the National Assembly, according to the following principles: i. Participation by the public in the nomination process; ii. Transparency and openness; and iii. The publication of a shortlist of candidates for appointment with due regard to subsection (4) and section 5. 5
MDDA Act 14, 2002: Section 4(4) (a) & (b) Persons who are appointed to the Board must be persons who are: (a)committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of the public service; (b) when viewed collectively: (i) are representative of a broad cross-section of the population of the Republic; and (ii) possess suitable qualifications, experise and experience in fields such as community media, social, labour economics, financial management and funding, advertising and marketing, journalism and broadcast programming, media research, media training, literacy and education, media law, information and communications technology policy. and development issues, media 6
MDDA Act 14, 2002: Section 5 Disqualification A person may not be appointed as a member if he or she: (a)is not a South African citizen and ordinarily resident in the Republic; (b)is an unrehabilitated insolvent; (c)is a member of Parliament, any provincial legislature or any municipal council; (d)is an office-bearer or employee of any party, movement or organisation of a party-political nature; 7
MDDA Act 14, 2002: Section 5 cont Disqualification e) has, notwithstanding paragraph (f), at any time been convicted of theft, fraud, perjury, an offence under the Corrupt Act, 1992 (Act No. 94 of 1992), or any other offence involving dishonesty; f) has been convicted after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) of a crime specified in Schedule 1 to the Criminal Procedure Act, 1977 (Act No. 51 of 1997) and has been sentenced to a period of imprisonment of not less than one year without the option of a fine; g) Has, as a result of improper conduct, been removed from an office of trust; h) Has been declared by a court to be mentally ill or disordered. 8
MDDA Act 14, 2002: Section 4(1) cont c) Three members must be appointed by the President, taking into consideration section 15, of whom one must be from the cormmercial print media and another from the cormmercial broadcast media; (Section 15 deals with Finances of the Agency) 9
MDDA Act 14, 2002: Section 15 (1) Funds of the Agency consist of: (a) money appropriated by Parliament; (b) money received in terms of agreements contemplated in section 21; (c) domestic and foreign grants: (d) interest derived from any investments; or (e) money lawfully accruing from any other source. (2)The money referred to in subsection (1) must be utilised to: a) feasibility studies, needs analyses, research and training; and fund projects and activities connected therewith, including project evaluation, b) pensions and other service benefits referred to in section 12(6), incurred by the Agency in the performance of its functions under this Act as long as such expenses do not exceed the prescribed percentage of the funds referred to in subsection (1). defray expenses, including expenses regarding remuneration, allowances, 10
MDDA Act 14, 2002: Section 4(2) & (3) 2)The President must appoint one of the members as chairperson of the Board. 3)Members are appointed on a non-executive basis 11
MDDA Act 14, 2002: Section 5(a) & (b) 5) A member must, before performing his or her functions, take an oath or affirmation that he or she is committed to: (a) fairness, freedom of expression, openness and accountability; and (b) upholding and protecting the Constitution and the other laws of the Republic. 12
MDDA Board Appointment Processes Overview 13
Pertinent Issues the board will have to address Implement recommendations of the Impact Study (these are contained in chapter 7 of the MDDA Impact Study) Finalise the appointment of a permanent CEO, CFO and COO Ensure that the impasse between staff and management are resolved. Finalising the forensic audit and ensuring that its recommendations are implemented. 15
END THANK YOU 16
