AMENDMENTS AGREED TO MEDIA DEVELOPMENT AND DIVERSITY AGENCY BILL
[B2-2002]
CLAUSE I
1. On page 2, in line 8 to omit "and" and to substitute "or".
2. On page 2, in line 11, after "means" to insert "any".
3. On page 2, in line 11, to omit "enterprises" and to substitute "project".
4. On page 2, in line 11, to omit "are" and to substitute "is".
5. On page 2, in line 12, to omit "marginalised".
6. On page 2, in line 13, to omit "community or the".
7. On page 2, in line 13 to omit "enterprise" and to substitute "project'.
8. On page 2, after line 13, to insert the following definition:
(v) "Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996)
9 On page 2, in line 22, to omit "marginalised" and to substitute "historically disadvantaged".
10. On page 3, from line 1, to omit the definition of "media industry"
CLAUSE 2
1. On page 3, in line 17, before "established" to insert "hereby".
2. On page 3, in line 17, to omit "by this section".
3. On page 3, from line 19, to omit: "except in cases where the Board has delegated a function"
4. On page 3, in line 21, to omit "Board" and to substitute "Agency"
5. On page 3, in line 21, to omit "section 47(2)".
6. On page 3, after line 25, to add the following subclause:
(5) The Agency must not interfere in the editorial content of the media.
CLAUSE 3
1.On page 3, in line 28, to omit "industry" and to substitute:
throughout the country, consistent with the right to freedom of expression as entrenched in section 16(1) of the Constitution, in particular-
(a) freedom of the press and other media; and
(b) freedom to receive and impart information or ideas, and for that purpose to-
(i) encourage ownership and control of, and access to, media by historically disadvantaged communities as well as by historically diminished language and cultural groups;
(ii) encourage the development of human resources and training, and capacity building, within the media industry, especially amongst historically disadvantaged groups;
(iii) encourage investment in the community media and small commercial media sectors;
(iv) raise public awareness with regard to media development and diversity issues;
(v) support initiatives which promote literacy and a culture of reading;
(vi) encourage research regarding media development and diversity; and
(vii) liase with other statutory bodies such as Icasa, the Universal Service Agency.
CLAUSE 4
1. On page 3, in line 29, after "of'" to insert "and appointment of members of'
2. On page 3, in line 30, to omit "at least seven" and to substitute "nine".
3. On page 3, from line 30, to omit "but not more than nine members" and to substitute "appointed by the President".
Option I:
(As currently in Bill)
1. (2) The Board consists of one nominee from each of the sectors referred to in section 5(1)(a)(i-iv) and at least three nominees from the general public.
(3) (a) The Portfolio Committee must by notice, in the Gazette and in at least two newspapers circulating throughout the Republic, request nominations from-
(i) GCIS;
(ii) the commercial print media sector;
(iii) the commercial broadcast media sector;
(iv) the community media sector; and
(v) the general public.
(b) The notice referred to in paragraph (a) must specify the manner and time within which the nominations must be submitted.
(c) For the purpose of the appointment of the first Board, the Portfolio Committee must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d) For all subsequent appointments of members, the Portfolio Committee must, at least 120 days prior to the expiry of the term of office of a member, request nominations from the relevant sector referred to in paragraph (a), by notice in terms of that paragraph.
(4) The nominees recommended in terms of subsection (3) must be selected in a manner ensuring-
(a) transparency and openness; and
(b) that a shortlist of nominees for recommendation is published.
(5) The Portfolio Committee must, from the nominations received, recommend-
(a) at least two but not more than three persons from each of the sectors specified in subsection (1)(a)(i) to (iv); and
(b) at least five but not more than 10 persons from the general public, to the President for appointment.
(6) The President must appoint members from the nominees recommended by the Portfolio Committee.
2. On page 3, from line 34, to omit subclause (3) and to substitute the following subclauses:
(7)(a)The President must appoint one of the members as chairperson of the Board
(b) In the absence of the Chairperson the remaining members must from their number elect an acting chairperson, who, while he or she so acts, performs all the functions of the Chairperson.
(8) Members are appointed on a non-executive basis.
(9) Persons 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, expertise and experience in fields such as community media; social, labour and development issues; media economics; financial management and funding; advertising and marketing; and journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.
3. On page 3, from line 52, to omit "before a judge of the High Court".
Option 2:
1.On page 3, after line 31, to insert the following subclause:
(2) The Board consists of one nominee from each of the sectors referred to in section 5(1)(a)(i-iv) and at least three nominees from the general public.
2. In addition, 5(1)(a)(i) should read: "the Public Broadcaster".
(3) (a) The National Assembly must by notice, in the Gazette and in at least two newspapers circulating throughout the Republic, request nominations from-
(i) Public Broadcaster;
(ii) the commercial print media sector;
(iii) the commercial broadcast media sector'
(iv) the community media sector; and
(v) the general public.
(b) The notice referred to in paragraph (a) must specify the manner and time within which the nominations must be submitted.
(c) For the purpose of the appointment of the first Board, the National Assembly must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d) For all subsequent appointments of members, the Portfolio Committee must, at least 120 days prior to the expiry of the term of office of a member, request nominations from the relevant sector referred to in paragraph (a), by notice in terms of that paragraph.
(4) The nominees recommended in terms of subsection (3) must be selected in a manner ensuring-
(a) transparency and openness; and
(b) that a shortlist of nominees for recommendation is published.
(5) The National Assembly must, from the nominations received, recommend-
(a) at least two but not more than three persons from each of the sectors specified in subsection (1)(a)(i) to (iv); and
(b) at least five but not more than 10 pesons from the general public, to the President for appointment.
(6) The President must appoint members from the nominees recommended by the National Assembly.
3. On page 3, from line 34, to omit subclause (3) and to substitute the following subclauses:
(7)(a)The President must appoint one of the members as chairperson of the Board
(b) In the absence of the Chairperson the remaining members must from their number elect an acting chairperson, who, while he or she so acts, performs all the functions of the Chairperson.
(8) Members are appointed on a non-executive basis.
(9) Persons 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, expertise and experience in fields such as community media; social, labour and development issues; media economics; financial management and funding; advertising and marketing; and journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.
4. On page 3, from line 52, to omit "before a judge of the High Court".
Option 3:
1. (2) The Board consists of one nominee from GCIS, one nominee from donors of the print media sector, one nominee from donors of the broadcast media sector and six nominees from the general public.
(3) Six nominees are appointed on the recommendation of the National Assembly according to the following principles, namely:
(a) Participation by the public in the nomination process;
(b) transparency and openness; and
(c) the publication of a shortlist of candidates for appointment with due regard to subsection .... and section….
(4) (a) The National Assembly must by notice, in the Gazette and in at least two newspapers circulating request nominations from general public.
(b) The notice referred to in paragraph (a) must specify the manner and time within which the nominations must be submitted.
(c) For the purpose of the appointment of the first Board, the National Assembly must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d) For all subsequent appointments of members, the National Assembly must, at least 120 days prior to the expiry of the term of
office of a member, request nominations from the relevant sector referred to in paragraph (a), by notice in terms of that paragraph.
(5) The nominees recommended in terms of subsection (3) must be selected in a manner ensuring-
(a) transparency and openness; and
(b) that a shortlist of nominees for recommendation is published.
(6) The National Assembly must, from the nominations received, recommend at least six but not more than 12 persons from the general public, to the President for appointment.
(7) The President must appoint members from the nominees recommended by the National Assembly.
2. On page 3, from line 34, to omit subclause (3) and to substitute the following subclauses:
(8)(a)The President must appoint one of the members as chairperson of the Board
(b) In the absence of the Chairperson the remaining members must from their number elect an acting chairperson, who, while he or she so acts, performs all the functions of the Chairperson.
(9) Members are appointed on a non-executive basis.
(10) Persons 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, expertise and experience in fields such as community media; social, labour and development issues; media economics; financial management and funding; advertising and marketing; and journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.
On page 3, from line 52, to omit "before a judge of the High Court".
Option 4:
1. (1) The Board consists of at least six but not more than nine members.
(2) The Board consists of six nominees from the general public and three appointed by the President.
(3) (a) The National Assembly must by notice, in the Gazette and in at least two newspapers circulating request nominations from the general public.
(b) The notice referred to in paragraph (a) must specify the manner and time within which the nominations must be submitted.
(c) For the purpose of the appointment of the first Board, the National Assembly must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d) For all subsequent appointments of members, the National Assembly must, at least 120 days prior to the expiry of the term of office of a member, request nominations from the relevant sector referred to in paragraph (a), by notice in terms of that paragraph.
(4) The nominees recommended in terms of subsection (3) must be selected in a manner ensuring-
(a) transparency and openness; and
(b) that a shortlist of nominees for recommendation is published.
(5) The National Assembly must, from the nominations received, recommend at least six but not more than 12 persons from the general public, to the President for appointment.
(6) The President must appoint members from the nominees recommended by the National Assembly.
2. On page 3, from line 34, to omit subclause (3) and to substitute the following subclauses:
(7)(a)The President must appoint one of the members as chairperson of the Board
(b) In the absence of the Chairperson the remaining members must from their number elect an acting chairperson, who, while he or she so acts, performs all the functions of the Chairperson.
(8) Members are appointed on a non-executive basis.
(9) Persons 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, expertise and experience in fields such as community media; social, labour and development issues; media economics; financial management and funding; advertising and marketing; and journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.
On page 3, from line 52, to omit "before a judge of the High Court".
Option 5:
1. (1) The Board consists of nine members appointed by the President on the recommendation of the National Assembly, according to the following principles -
(a) participation by the public in the nomination process;
(b) transparency and openness; and,
(c) the publication of a shortlist of candidates for appointment with due regard to subsection (3) and section 6.
(2)(a)The President must appoint one of the members as chairperson of the Board
(b) In the absence of the Chairperson the remaining members must from their number elect an acting chairperson, who, while he or she so acts, performs all the functions of the Chairperson.
(3) Members are appointed on a non-executive basis.
(4) Persons 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, expertise and experience in fields such as community media; commercial print media and commercial broadcast media; social, labour and development issues; media economics; financial management and funding; advertising and marketing; and journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.
The National Assembly must from the shortlist of candidates for appointment recommend at least nine but not more than eleven persons to the President for appointment.
2. On page 3, from line 52, to omit "before a judge of the High Court".
CLAUSE 5
1. Clause rejected.
CLAUSE 6
1. Clause rejected
NEW CLAUSES
1. That the following be new clauses to follow clause 4:
Disqualification
5. 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;
(e) has, notwithstanding paragraph (f), at any time been convicted of theft, fraud, perjury, an offence under the Corruption 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 1977), 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) any employee as defined in the Public Service Act, 1994 (Proclamation No.103 of 1994); or
(i) has been declared by a court to be mentally ill or disordered.
Removal from office
6. (1) A member ceases to be a member of the Board and must vacate his or her office-
(a) he or she becomes disqualified in terms of section 5, from being appointed as a member
(b) he or she has, without the leave of the Board, been absent from more than two consecutive meetings of the Board;
(c) he or she is found to be incompetent or unfit to fulfil his or her duties'
(d) he or she is found guilty of misconduct; or
(e) he or she is found guilty of an offence under section 10(4).
A Board member may be removed from office only on-
a finding to that effect by the National Assembly; and
the adoption by the National Assembly of a resolution calling for that member's removal from office.
(3) The President-
(a) may suspend a member from office at any time after the start of the proceedings of the National Assembly for the removal of that member;
(b) must remove a member from office upon adoption by the National Assembly of the resolution calling for that member's removal.
Vacancies
7. (a) If a member dies or vacates his or her office in terms of section 6, the President may appoint a suitably qualified person, from the nominees referred to in section 4, from which such member was appointed, to fill the vacancy for the unexpired term of office.
(b) If an appointment cannot be made in terms of paragraph (a)-
(i) the National Assembly must, as soon as possible, request nominations from the relevant sector in terms of section 4(1)(a) and (b);
(ii) the National Assembly must compile a shortlist in terms of section 4(2) and must make recommendations in terms of section 4(3); and
(iii) the President must appoint a member from the recommendations referred to in subparagraph (ii).
CLAUSE 7
1. On page 5, after line 16, to insert "The Chairperson shall hold office for five years"
2. On page 5, in line 18, after "Board" to insert "who were nominated by the general public".
3. On page 5, from line 20, to omit subclause (3) and to substitute the following subclause:
(3) Members referred to in subsection (2) determined by lot in accordance with Schedule 1.
CLAUSE 9
1. On page 5, from line 42, to omit subclause (8).
2. On page 5, after line 41, to insert the following subclauses:
(8) In the absence of the chairperson the remaining members must from their number elect an acting chairperson who, while he or she so acts, performs all the functions of the chairperson.
(9) Subject to section 10(3), a decision taken by the Board or an act performed under that decision is not invalid merely by reason of-
(a) any irregularity in the appointment of a Board member;
(b) a vacancy on the Board; or
(c) the fact that any person not entitled to sit as a Board member sat as such at the time when the decision was taken,
provided such decision was taken by a majority of the Board members present at the time and entitled to sit, and those members at the time constituted a quorum.
3. On page 5, in line 53, to omit "may" and to substitute "must".
4. On page 5, in line 54, after "meetings" to insert "but the chief executive officer is not entitled to vote".
CLAUSE 10
1. On page 6, in line 11, to omit "proceedings before" and to substitute "meetings of'
2. On page 6, from line 13 to omit "or hearing".
3. On page 6, in line 16, to omit "proceedings" and to substitute "meetings".
4. On page 6, in line 18, to omit "proceedings" and to substitute "meetings".
5. On page 6, in line 21, to omit "proceedings" and to substitute "meetings".
6. On page 6, in line 22, to omit "proceedings" and to substitute "meetings".
CLAUSE 11
1. On page 6, in line 40, to omit "has repeatedly".
CLAUSE 13
1. On page 7, in line 13, after "identify" to insert "historically disadvantaged".
2. On page 7, from line 16, to omit paragraphs (c), (d) and (e)
3. On page 7, in line 19, after "objectives" to insert ",achievements and activities"
4. On page 7, in line 20, to omit "through marketing".
5. On page 7, from line 26, to omit subclauses (2), (3) and (4).
CLAUSE 14
1. On page 7, in line 48, after "studies" to omit "and".
2. On page 7, in line 48, after "analyses" to insert, "research and training"
3. On page 7, after line 53, to insert the following subclause:
(3) The Auditor-General must audit the financial statements of the Agency.
NEW CLAUSE
1. That the following be a new clause following on clause 14:
Annual Report
14. (1) The Board must submit the approved report referred to in section 12(2)(c), to the Minister within three months of the end of the relevant financial year.
(2) The Minister must table a copy of the annual report in Parliament within 30 days after it has been received by him or her if Parliament is then sitting and, if Parliament is not sitting, within 14 days after the next ensuing sitting of Parliament.
CLAUSE 15
1. On page 7, in line 55, after "provided" to insert "or facilitated".
2. On page 8, from line1, to omit subparagraph (ii).
CLAUSE 16
1. On page 8, in line 13, to omit "must only" and to substitute "may"
2. On page 8, in line 14, after "projects" to omit "and not to small commercial media projects"
CLAUSE 17
1. Clause rejected.
CLAUSE 18
1. On page 8, in line 36, to omit "objective" and to substitute "objectives"
2. On page 8, in line 40, to omit "Minister" and to substitute "Board".
3. On page 8, in line 40, to omit ",in consultation with the Board,"
4. On page 8, in line 47, to omit "Minister may" and to substitute "Board must"
5. On page 8, in line 47, to omit "in consultation with the Board,"
6. On page 8, in line 52, to omit "may" and to substitute "must"
CLAUSE 19
1. On page 9, in line 4, after "achieving" to omit "its" and to substitute "their agreed"
2. On page 9, from line 11, to omit subclause (3).
CLAUSE 20
1. On page 9, in line 22, to omit "Board" and to substitute "Agency".
2. On page 9, from line 24, to omit subclause (2).
SCHEDULE
1. On page 9, after line 36, to insert the following Schedule:
Schedule
2. Determination by lot for purposes of section 7(3)

Upon having appointed the members of the Board in terms of section 4 of this Act, the Board must forthwith proceed, in an open and transparent manner, to determine by lot, as required by section 7 of this Act which four of such eight members, excluding the chairperson, must vacate their offices upon the expiration of three years after their appointment. The chairperson of the Board must conduct the lot (hereinafter referred to as the designated person).

The designated person must thereupon ensure that the name of each one of the eight members, excluding the chairperson, is written on a separate piece of paper of equal size in identical shape and colour.

The designated person must thereafter display the eight pieces of paper contemplated in item 2 to every person who is present at the place where the lot is being conducted who is desirous of inspecting any such piece of paper.

The designated person must thereafter fold every such piece of paper in such a manner that the name thereon is not visible, and place all such pieces of paper in an empty container.

The designated person must thereupon appoint an impartial person (hereinafter referred to as the drawer) to draw four pieces of paper from the said container.

The designated person must thereafter shake the container in such a manner as to thoroughly mix the pieces of paper therein, and must hold such container in such a position that the drawer is unable to see the pieces of paper inside.

The drawer must thereafter draw four pieces of paper from such container and hand them to the designated person without unfolding any of them.

The designated person must then unfold each of the four pieces of paper handed to him or her as contemplated in item 7, read out the names written thereon and display every such piece of paper to every person who is present at the place where the lot is being conducted and who is desirous of inspecting the same.

The four persons, whose names have been so drawn, must vacate their seat three years after the date of their appointment as such.