SECTOR 3 selection procedure is still open and transparent. In the last round of nominations in 2010, for example, civil society groups were able to play a meaningful role when three places fell vacant and the broadcasting campaign SOS put forward its nominations. One of the persons they suggested was indeed appointed a councillor. Legislation allows the minister to issue directives to ICASA but there is a specific process that needs to be followed. The directive has to be published and comments are invited from stakeholders. These comments must be considered before a final directive is issued. In 2009, for example, when ICASA was hesitant to demand that cell phone companies reduce their much-criticised high interconnection fees, the minister intervened without such public process and decided to determine a new fee structure himself. ICASA then stood up against him and asked him to withdraw from the process. Since 2006 ICASA is being state funded through the budget allocation for the Department of Communications. The regulator has suggested on many occasions that it be enabled to keep the licence fees it raises rather than having to hand these over to treasury. This, it has argued, would also reinforce its independence from the executive. As it stands, the authority seems to be dangerously underfunded and this is causing capacity problems: powerful companies, for example, can hire legal bigwigs to protect their interests while the regulator has to make do with legal advice and assistance from its in-house staff. As a result ICASA is constantly being taken to the courts by the industry. A lack of funds has also made it impossible for ICASA to set up in-house research capacity. An ICASA Amendment Bill published by the minister in 2010 would further increase government’s control over the authority – the draft is still under discussion. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator. 5 Country meets all aspects of the indicator Average score: 44 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010 2.9 (2008 = n/a; 2006 = n/a)