SECTOR 3 3.2 Broadcasting is regulated by an independent body that is adequately protected by law against interference and whose board is not dominated by any particular political party and is appointed – in an open way – involving civil society As noted above, broadcasting is regulated by CRAN – established under the Communications Act of 2009 – but its functions do not include the regulation of the state broadcaster, NBC, which functions in line with its own Act – the Namibian Broadcasting Corporation Act of 1991. With regards to the appointment of the Board Members of CRAN, Section 9 of the Communications Act states that: (1) The Board must be constituted and its members, including the chairperson and the vice-chairperson of the Board, must be appointed in accordance with, and for a period as determined under Sections 14 and 15 of the State-owned Enterprises Governance Act, 2006 (Act No. 2 of 2006). (2) The members of the Board must, when viewed collectively, be persons who represent a broad cross-section of the population of Namibia including with reference to gender and who possess proven qualifications, expertise and experience in the fields of information and communication policy and technology, radio services, law, economics, business practice and finance. Members of the Board must be Namibian citizens or legal permanent residents, they must be resident in Namibia, they may not be members of parliament, regional councils or local authorities and they may not have a financial interest in any products or industries regulated by CRAN. Currently there are six members on CRAN’s Board. The appointment of these board members are made at the discretion of the Minister of ICT, with tenures set at three years with the possibility for re-appointment. Panellists were of the opinion that CRAN board ,embers are selected based on their closeness to the majority party, SWAPO. ‘The board is not entirely independent, as the ruling party makes sure it appoints its representatives – though this is not stated openly.’ ‘People are appointed because of their proximity to power.’ 39 AFRICAN MEDIA BAROMETER NAMIBIA 2018