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

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AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018

Select target paragraph3