(d) a nominee of the Ministry of Trade. However in 2006 the law was amended by deleting the words “appointing authority”, and substituting with the word “Minister”, thereby giving the Minister full authority of appointment of the Board. Score – 1,1,1,1,1,1,1,1 = 1.0 3.3 The body regulates broadcasting in the public interest and ensures fairness and diversity of views broadly representing society at large. ANALYSIS: Harvest FM was suspended for three months ending October 2008. Whilst the station might have been guilty of a level of recklessness, many stakeholders disapproved of the ban, saying it was too drastic. It was felt that the LCA could have used less harsh means. ‘Public interest” in Lesotho is not defined. Government uses the fact they are elected to justify actions, saying people have given them the mandate, and everything done is sanctioned by election, and equating it to political interest. In this way the public will chastise any anti government sentiment. In the absence of policy there is confusion. Public interest is conveniently used interchangeably with disturbing peace and stability. Score – 1,1,1,2,1,1,1,1 = 1.1 3.4 The body’s decisions on licensing in particular are informed by a broadcasting policy developed in a transparent and inclusive manner. ANALYSIS: There is no broadcasting policy. The current licences were not fairly contended. Khotso FM, a station that is run by the National University of Lesotho, is allocated a national frequency. This may have been done in the interest of closing the list. The fact that forums of this nature have to grope in the dark for the regulatory environment means procedures are neither transparent nor inclusive. Score – 1,1,1,1,1,1,1,1 = 1.0 So This Is Democracy? 2008 -167- Media Institute of Southern Africa