mechanisms for funding human resource development, which include tax exemption for in21 house training, and the establishment of a Broadcasting Industry Fund : “Human resources development is crucial for the qualitative and quantitative growth of broadcasting, and incentives and measures will be introduced to improve the 22 training of broadcasting staff.” In conclusion, the draft policy has the following to say on the function of the policy: “A policy provides a framework only. The principles and recommendations set out here will have to be implemented by the various stakeholders. Government, both its legislative and executive arm, will review or create the appropriate legislation accordingly. On the basis of the policy and subsequent legislation, the regulator will work out regulations which will help to develop the broadcasting system to its full potential. The broadcasting services – existing and aspirant – are encouraged to do their part by translating the policy into attractive programming. And civil society at large is invited to accompany this process with dedication and constructive 23 criticism.” 1998 Broadcasting Act The Broadcasting Act establishes the National Broadcasting Board (NBB) to issue broadcasting licences, exercise control over and supervise broadcasting activities, and “allocate available spectrum resources in such manner as to ensure the widest possible 24 diversity of programming and optimal utilisation of the spectrum resources” . In so doing, the Act recognises the need for a specific body to regulate and to attend to the particular needs of broadcasting, separate to telecommunications, and amends the 1996 Telecommunications 25 Act accordingly . The Board is distinct from the Telecommunications Authority, which acts as the secretariat to the NBB, and advises the Board “on technical matters in relation to its 26 functions” . Therefore, the Act goes some way towards recognising the need for separate but collaborative regulation of communications content and infrastructure, as spelt out in the relevant SADC Protocols. Although the Act precedes both the SADC Protocol on Culture, Information and Sport, and AU/ICT Declarations, it reflects a number of these documents’ provisions. The Act recognises 27 the three tiers of broadcasting (public, private and community) , and provides for the drawing 28 up of a code of practice for the broadcasting sector . The Act makes some attempt to ensure some independence for the regulator. The majority of Board members are selected by way of an appointment process overseen by a Nominations Committee comprising a representative of the Law Society, the Vice-Chancellor of the University and a representative of the 29 President’s office . The Board positions are advertised, and candidates interviewed by the 30 Committee in “an open and transparent” process . However, this process probably does not go far enough in guaranteeing the kind of independence required in the SADC Protocol and AC Declaration, not least because the Minister makes the final appointments of both the Committee’s nominees, and three other Board members, all of whom are government representatives. Furthermore, the NBB accounts to the Ministry, and not Parliament, the latter being the requirement of the AC Declaration. This issue is likely to addressed once the 21 Ibid, p53. Ibid, p53. 23 Ibid, p57 24 Botswana Broadcasting Act, 1998, Section 10.1. 25 Ibid, Section 25. 26 Ibid, Section 9. 27 Ibid, definitions and Section 10.2. 28 Ibid, Section 21. 29 Ibid, Section 8. 30 Ibid. 22 Namibia Media Law Audit – report final draft 40