Sector 3: Broadcasting regulation is transparent and independent, the state broadcaster is transformed into a truly public broadcaster 3.1 Broadcasting is regulated by an independent body adequately protected against interference, particularly of a political and economic nature. ANALYSIS: As outlined under 2.4. a Supreme Court ruling that clarified the appointment procedures for the board of the Independent Broadcasting Authority (IBA) was made in March 2007. The IBA, however, is still not in place because the Ministry of Information and Broadcasting Services has not acted on the judgement. Some of the proposed members nominated in 2003 by the ad-hoc appointments committee have moved on and it may be necessary to start the whole process all over again. The national budget for 2007 includes an allocation of K230 million for the establishment of the IBA, indicating that there may be some progress on this matter in the course of this fiscal year. SCORES: Individual scores: Average score: 3.2 2, 1, 2, 1, 1, 1, 1, 2, 1, 1 1.3 (2005 = 1.0) The appointments procedure for members of the regulatory body is open and transparent and involves civil society. ANALYSIS: According to the IBA Act, the appointment procedure is generally open and transparent and civil society is involved. However, the ruling of the Supreme Court which allows the Minister of Information and Broadcasting Services to veto nominees to the board without giving reasons reduces this transparency and openness. It is not clear what is supposed to happen in the case of the Minister rejecting proposed names and there is a danger of candidates being decided upon in shady deals between the Ad-hoc committee and the Minister. SCORES: Individual scores: Average score: 3.3 3, 3, 2, 2, 2, 2, 1, 2, 1, 1 1.9 (2005 = 4.1) The body regulates broadcasting in the public interest and ensures fairness and a diversity of views broadly representing society at large. ANALYSIS: The regulatory body is not functional yet. So This Is Democracy? 2007 -262- Media Institute of Southern Africa