parliamentarians. This approach caused a public outrage. After the ANC conference held in December 2007 in Polokwane, the ANC under a new leadership is now dissatisfied with the composition of the board, claiming that representatives of trade unions and the youth are missing. The conflict caused a major crisis in the SABC. SCORES: Individual scores: Average score: 3.6 4, 2, 4, 1, 3, 3, 3, 4, 2 2.9 (2006 = 4.6) Persons who have vested interests of a political or commercial nature are excluded from possible membership in the board, i.e. office bearers with the state and political parties as well as those with a financial interest in the broadcasting industry. ANALYSIS: Before the first independent boards of the SABC (and the IBA) were appointed in 1993 all parties involved in the multi-party negotiations at Kempton Park had agreed upon a number of disqualifications for membership. The same disqualifications are still listed in the ICASA Act of 2000. The 1999 Broadcasting Act, however, dropped public servants, members of parliaments and office bearers with a political party from the original list of those who do not qualify, thus making it possible for persons with vested political interests to become members. Persons who have a conflict of interests arising from a financial interest in the telecommunications, broadcasting or printed media industry, however, may not be appointed to the board. Because of this relaxation of conditions for membership there is now the occasional office bearer with the state on the SABC board. For example, one previous board member was a spokesperson for the KwaZulu Natal provincial government - and this was not deemed to constitute a conflict of interest. Similarly one of the new board members is currently employed as a consultant by a Ministry. SCORES: Individual scores: Average score: 3.7 4, 5, 4, 1, 4, 5, 3, 5, 3 3.8 (2006 = 3.1) The editorial independence of the public broadcaster from commercial pressure and political influence is guaranteed by law and practiced. ANALYSIS: Protection against political interference is guaranteed by the first clause of the SABC charter. In practice, however, there are doubts whether this guarantee is indeed effective. The first problematic area is the appointment of the three top executives of the corporation. Because the SABC is a company with the state as the sole shareholder, consecutive boards saw fit to seek the prior approval of cabinet for such appointments although by law government only has a veto right. This procedure, of course, opens the door for indirect interference in the editorial independence of the public broadcaster. So This Is Democracy? 2008 -212- Media Institute of Southern Africa