3.4 The body’s decisions on licensing in particular are informed by a broadcasting policy developed in a transparent and inclusive manner. ANALYSIS: ICASA’s broadcasting policy is based on a Triple Inquiry process undertaken by its predecessor, the Independent Broadcasting Authority (IBA) in 1995. The IBA held public hearings on three key issues: the protection and viability of public broadcasting, cross media control of the media, and local television content and South African music. The results partly informed a government White Paper on Broadcasting Policy published in 1998 which in turn was the basis of the 1999 Broadcasting Act. In similar fashion ICASA develops its own regulatory policies through an open process by at first publishing a discussion paper, inviting comments and organising public hearings. SCORES: Individual scores: Average score: 3.5 4, 5, 5, 5, 4, 5, 5, 5, 5 4.8 (2006 = 4.3) The public broadcaster is accountable to the public through a board representative of society at large and selected in an independent, open and transparent manner. ANALYSIS: The SABC board consists of twelve non-executive members and the Group Chief Executive Officer, the Chief Operations Officer and the Chief Financial Officer. According to section 13 of the Broadcasting Act, the non-executive members are appointed by the President “on the advice of the National Assembly”. The procedure preceding formal appointment by the president is as follows: • The portfolio committee of parliament in charge of communications places adverts in newspapers to ask for nominations. • Members of the public can nominate anyone – except people with a financial interest in the industry. • The committee examines the nominations, looking for representivity, skills and commitment to freedom of expression, and then shortlists candidates. • Candidates are interviewed in public. • The portfolio committee draws up a list of persons needed to fill the vacancies. • This is passed to Parliament for ratification. • The list then goes to the President for appointment. The appointments procedure outlined above can – in legal theory – produce an independent board. But experience over the years has shown that in a country where the ruling party enjoys a majority of more than two-thirds among members of parliament, the procedure is open to misuse. This became apparent during the selection of a new board in 2007. There was obvious direct interference from the ANC’s headquarters which insisted on the inclusion of four names which had not appeared on the list drawn up by the committee, thus overruling decisions by its own So This Is Democracy? 2008 -211- Media Institute of Southern Africa