SECTOR 3 broadcaster DStv’s owner MultiChoice, which included an alleged personal kickback of 11.4 million ZAR (788,000 USD) in a controversial deal for SABC to obtain a new channel on the pay-TV broadcaster’s platform. 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: ✓✓ ✓✓ ✓✓✓✓✓✓✓ ✓ 3.3 (2013: 3.3; 2010: 3.3; 2008: 5.0; 2006: 4.6) 3.2 Broadcasting is regulated by an independent body that is adequately protected by law against interference and whose board is not dominated by any particular political party and is appointed – in an open way – involving civil society While Section 192 of the South African Constitution requires ‘an independent authority to regulate broadcasting in the public interest...to ensure fairness and a diversity of views broadly representing South African society’, panellists noted that ICASA has ‘paper independence’ only. ‘In reality you cannot vouch for ICASA’s independence. There is nothing independent about the appointment of its board. You need to be affiliated or sympathetic in some way to the ruling ANC to stand a chance of being appointed to the board.’ While on paper the legislation which sets out the broadcasting regulator, appears to be one of the best internationally, with public nominations for the board and parliamentary recommendations for the shortlist, it remains dominated by the ANC. ‘About 200 names are selected for parliament and the worst ten are appointed.’ ‘ICASA’s board members don’t see themselves as independent in general. Their chairperson, Rubben Mohlaloga, is a convicted criminal, who has been found guilty by a High Court for having stolen 6 million ZAR [400,000 USD] from the Land Bank. In no advanced democracy could you be a chairperson of an elected community if you’ve been found guilty of such an offence. If it was an independent body, the other board members would refuse to have him as the 37 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018