Episode Transcript
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Speaker 1 (00:00):
Let's walk to talk two on the line. This morning.
We are going to be chatting to Flomelo Traba, who
is the Public Policy and Governance Alan List. We are
going to be talking about the fact that Patitioner Delto
Tourism Minister Petition Delo has dissolved the Essay Tourism Board
with immediate effects, citing unlawful decision making and governance failures.
(00:24):
Now the moves comes after the board appointed one of
its members to act in the absence of a chairperson
and suspended CEO Nombulelo Colia without ministerial approval. Public Policy
and Governance analyst Clomelo Traba is chatting to us in
morning and for unpacking that particular decision. Good morning, Clomelo,
(00:48):
good morning.
Speaker 2 (00:49):
Thank you very much for having me.
Speaker 1 (00:51):
What exactly led to the Minister Partition Delerto to actually,
you know, get to this point where she actually dissolves
the essay too.
Speaker 2 (01:02):
Well, firstly, I think that is the main reason. Well
that it seems the Minister actually got to have concluded
to dismiss the Essay Tourism Board is in regards to
an unlawful meeting that took place. So if you can
(01:23):
read the tourist, the Tourism Act or South Africa. You
will come to realize that a meeting can only be
held for Theism Board can only have meetings four times
a year. Others outside of that there can be special
meetings that can be convened by the chairperson of the Board.
(01:45):
At one thing that I came to realize section eighteen
of section sixteen or eighteen, I think, but really sure
of the Tourism Act is that it does depically that
you can the Board can still hold a meeting without
(02:06):
the chairperson and the deputy chairperson, but in that instance
it will still need to selects someone from among themselves
to actually preside over that meeting. But at the main
contention in terms of that clause is whether or not
in such a meeting will it still help to be
(02:28):
a meeting that was called by the chairperson or is
it one way by the board can just convene by
itself without the chairperson that even with those chairpersons may
not have called it. So I think that for me
that's where the main contention is the gods to whether
or not the chairperson can be present or not in
a meeting. But this one seems to be one that
(02:50):
was not convened by a chairperson, and it is seemingly
it seems as though the chairperson of the Essay Tourism.
Essay Tourism Board is not Sterism board does not have
a chairperson at this present stage, which is something that
also cut is a contention and does make a bit
(03:13):
difficult in so far as the operational aspect of the
Essay Tourism Board, more especially when it comes to convening meetings.
I think that's where the content the contentions for me are.
Speaker 1 (03:28):
Channing this morning about Tourism Minister Patricia Delowe, who has
dissolved the Essay Tourism Board with immediate effect, citing unlawful
decision making and governance failures. And I think the reference
to a meeting that took place or I supposed meeting
that took place on the first of August. We've heard
Laws and NIDA say that there was no meeting on
(03:50):
the first of August. Roveto what's the board within its
write to appoint a member to act in the absence
of a chairperson And could this thenbc as the board
overstepping or as the Minister tightening control over the board.
Speaker 2 (04:06):
Well, like I mentioned, just a while ago that the Board,
according to the Essay to the Tourism Act, does have
the prerogative when the chairperson is absent to among itself
select someone that will actually act as the chairperson in
terms of up presiding over a meeting. It's well within
(04:28):
their right to do so. However, even when it comes
to taking resolution if the majority of the voting members
of the board, remember that the essay Tourism Board comprises
no less than nine members and no more than thirteen,
so it's between nine and thirteen members that are present
with that need to be present within that meeting, and
(04:51):
within those it needs to people. Then it needs to
obviously be people that are eligible to voting take decisions,
or there needs to be a a charity at of
voting members, and there are also two. The board does
also have that prerogative of taking decisions by itself without
having to approach the Minister, because remember, when it comes
(05:12):
to a decision that is taken by a board, even
in corporate a board does have certain power that are
vested in it. However, it does report to the Minister.
But when it comes I believe to dismissing as well
as hiring people it then does have the right to
do so without the approval of the Minister. However, one
(05:35):
thing that also like to point out here is that
the Essatorism Board has been in battled with a lot
of structural challenges that seem to be emanating from all administration.
I'll take you back to last year when the chairperson
and the deputy chairperson of the Essterism Board were dismissed
and then subsequently there were other two members. The new
(05:58):
members that were appointed by Minister Patricia lived in the
interim because remember that the Minister does have that kind
of power whereby she can actually dissolve the Essay Tourism
Board if there is a good cause for doing so.
And in that instance, I think there was seemingly a
problem in reculture mismanagement of funds, which goes back to
what I said that there seems to be some structural
(06:20):
tablet challenges that are emanating from mal administration in the
Essay Tourism Board. So I think that even in this case,
it was actually an article whereby stipulated that the execut
the chief executives of the board seems to has been
embroiled in a four point one million rand scandal four
(06:41):
point one million or kollion, I'm not quite sure about
the figure. However, there seems to be a story whereby
the Chief Executive was embroiled in a scandal that included
that involved a tender of that amount, which goes to
show that there's challenges emanating from mal administration which have
(07:03):
led to the board being dissolved or maybe or which
goes to the point being dissolved, but also to even
there may have been differences between So I think that's
where the difference is between the Minister as well as
the board may have emanated where by they took a
resolution where there's no chairperson that is there, and they
(07:24):
took a resolution to actually fire this or to dismissed
the Chief executive even though the chairpersons and this. So
I think that's where also the main contention Bond contention
is hell that a resolution of this nature was taken
when a chair person was not there. So I think
that it's a letter of the legislative and constitutional matter
(07:47):
that needs to be looked into because there are some
legal components that are involved in it as well, in
that it the Turism Act does give the essay Tourism
board to convenient seen even when they chatter in the
dot present and even as we take those decisions to
the majority of voting members in that particular meeting.
Speaker 1 (08:10):
Chatting this morning to Sclamla Caaba public policy and governance
analysts be talking about the Tourism Minister Patricia Deloll that
has dissolved the Essay Tourism Board with the immediate effect.
Your comments always welcome on zero one, one eight three,
seven oh two and on the Cape townline and two
one four four, six, five six seven Soula. How significant
(08:33):
you know is this governance breakdown for an entity that
is tasked with driving South Africa's tourism image globally, because
you know, it seems to be since last year with
the breakdown and the sort of appointment of a new CEO,
that we have a very inconsistent and you know, not
a very stable tourism board.
Speaker 2 (08:56):
It actually goes back to what I just mentioned now
that they seemed to be a lot of structural challenges
and that a lot of vacancies or not vacancies per se,
but like they seem there seemed to be a lot
of There seems to be a lot that is missing
in the Essay Tourism Board, because like I mentioned that
last year there were issues of mismanagement of funds that
(09:18):
led to the chairperson and the deputy chairperson being removed
from rare positions. Even though they were removed by the way,
they still remained members of the board because as a
partition they little did not really would not really put
them in a position whereby they were going to be
totally dismissed. I think it was for continuity purpose. I
(09:38):
even alluded to this last year when the same when
the incident happened, that it couldn't be for purposes whereby
she was going to force their continuity within the board
and not there to distegnation even though there would be
someone else knew that is coming. And now they seemed
to be another problem where by there's still no chairperson.
Whether or not the other chairperson was fired or not
(09:59):
is something that I am not yet privy to. But
I think that the problem, the structural challenge that is
faced by the Essay Tourism Board actually put that what
you also actually corroborate what you're also saying now that
it does kind of not look good on the image
as well. On the pr of this board because it's
(10:21):
a board that is entrusted with promoting tourism and sustainability,
so Africal tourism and sustainability globally. And it's also it's
also one that actually needs to this is going to
be tourism months now, very soon. It's one that is
entrusted with that role of promoting South African tourism and
(10:41):
ensuring that tourists are attracted globally, even in terms of
issues such as grading and stuff like that. It's a
board that needs to ensure such things and that take
such things as well. So it's such structural challenges now
in a board that is entrusted with things of such
a margin to it then goes to bring to expose
(11:03):
how vulnerable it can be in terms of ensuring that
everything that's entrusted with it done to the fullest of
its ability and optimality very quickly.
Speaker 1 (11:13):
Clomelo, does the board have grounds to fight the Minister's
decision to dissolve it.
Speaker 2 (11:20):
Well, I think there could be a case if you
look at the say Total Act, because like I said
also previously, that there are some legal there are some
legal i would say implications in this thing because the
Act does give the board, like I mentioned, some a
prerogative to contain a meeting even though the jeperson may
(11:44):
not be present in that meeting. For as long as
there is a majority that can take certain decisions, that
can take certain decisions, then there is not. There isn't
really a outside of bloodline whereby the board does not
really were in an add like in case where but
where by the board does not really have any power
(12:04):
and stuff like that. So I think that according to
the Tourisan Act, the Board may have a case to
challenge the Minister's decision. However, I think it will also
spoil down to how such a case would turn out
because it was mentioned that nessa partier de lot according
to the Act, will now have to go and core
(12:24):
phenomination publicly and also get people to within a space
of pretty days get the names and then publish them.
So the process that needs to be restarted all over again.
Speaker 1 (12:36):
And that's mto Trabat chatting to us this morning public
policy and governance analysts about the Tourism Minister petition Delol's
decision to dissolve the Essay Tourism Board