Mvoko v South African Broadcasting Corporation SOC Ltd

Mr Vuyo Mvoko, a journalist, was engaged by the SABC as an independent contractor in terms of a written agreement dated 4 April 2016, valid until 31 March 2018. The agreement required him to render television journalism services, and in practice he was regularly scheduled to perform these functions. Following his public criticism of alleged political interference in SABC editorial independence, including an opinion article published in The Star newspaper in July 2016, the SABC accused him of bringing the organisation into disrepute. The SABC informed him that it was contemplating termination of the agreement and, pending an investigation, resolved not to schedule him to render services. Mr Mvoko contended that this suspension amounted to an unlawful breach of contract and sought an order for specific performance compelling the SABC to comply with the agreement and schedule him to work.

The appeal was upheld with costs. The order of the Gauteng Local Division was set aside and substituted with an order directing the SABC to comply with the written agreement, to schedule Mr Mvoko to perform his services as before for the remainder of the contract period, and to remunerate him accordingly.

The case affirms that the SABC, as a state-owned public broadcaster, must exercise its contractual powers within constitutional and statutory limits. It is significant for confirming that independent contractor agreements cannot be used to circumvent editorial independence, and that courts may grant specific performance against organs of state where contractual obligations are clear and constitutional values are implicated.