Because the body is not in place yet, a broadcasting policy has not been developed. SCORES: Individual scores: 1, 1, 1, 1, 1, 1, 1, 1 Average score: 1 3.5 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 Zambia National Broadcasting Corporation (ZNBC) is still being run by a board appointed by the Minister of Information and Broadcasting and whose tenure was effectively nullified by the Statutory Instrument which introduced the ZNBC (Amendment) Act. The current board is illegal since it was appointed by the minister and not the IBA as stipulated by the new law. The term of office of the present board expires in August 2005. If the dispute is not resolved by then, ZNBC will be in deep trouble. SCORES: Individual scores: 1, 1, 1, 1, 1, 1, 1, 1 Average score: 1 3.6 Persons who have vested interests of a political or commercial nature are excluded from possible membership of 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: There are some state and ruling party office holders sitting on the current board of the ZNBC, namely, the permanent secretary in the Ministry of Information and Broadcasting Services (MIBS) and a ward chairman of the ruling Movement for Multi-party Democracy (MMD) who is also an aspiring candidate for the post of party vice-president. This is contrary to the provisions of the new law, which excludes such persons from membership of the board. SCORES: Individual scores: 1, 1, 1, 2, 1, 1, 1, 1 Average score: 1.1 3.7 The editorial independence of the public broadcaster is guaranteed by law and practiced. ANALYSIS: The new law guarantees the editorial independence of ZNBC. However, this independence is not being practiced because the law has not yet been implemented pending resolution of the legal dispute currently in the courts. So This Is Democracy? 2005 -274- Media Institute of Southern Africa