Broadcasting Act, 1999 (Act No. 4 of 1999)

Chapter IV : Public Broadcasting Service and Charter of Corporation

Part 5 : Governance of Corporation

13. Members of Board

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(1)The twelve non-executive members of the Board must be appointed by the President on the advice of the National Assembly.

 

(2)The non-executive members of the Board must be appointed in a manner ensuring—
(a)participation by the public in a nomination process;
(b)transparency and openness; and
(c)that a shortlist of candidates for appointment is published, taking into account the objects and principles of this Act.

 

(3)The President must designate one of the members of the Board referred to in subsection (2) as the chairperson and another member as a deputy chairperson, both of whom must be non-executive members of the Board.

 

(4)The members of the Board must, when viewed collectively—
(a)be persons who are suited to serve on the Board by virtue of their qualifications, expertise and experience in the fields of broadcasting policy and technology, broadcasting regulation, media law, business practice and finance, marketing, journalism, entertainment and education, social and labour issues;

[Section 13(4)(a) substituted by section 1 of Act No. 4 of 2009, GG 31999, dated 10 March 2009]

(b)be persons who are committed to fairness, freedom of expression, the right of the public to be informed, and openness and accountability on the part of those holding public office;
(c)represent a broad cross-section of the population of the Republic;
(d)be persons who are committed to the objects and principles as enunciated in the Charter of the Corporation

 

(5)The members of the Board must hold office for such period as the President may determine which period must not exceed five years.

 

(6)The deputy chairperson referred to in subsection (3) must, when the chairperson is absent or unable to perform his or her duties, act in his or her stead and when so acting, exercise or perform any function of the chairperson.

 

(7)Every appointment of a member of the Board must be published in the Gazette.

 

(8)A member of the Board appointed to fill a casual vacancy must hold office for the unexpired portion of the period for which the vacating member was appointed.

 

(9)The Board of the old Corporation as constituted on the date of conversion constitutes the first Board of the Corporation.

[Section 13(9) substituted by section 14(a) of Act No. 64 of 2002, GG 24340, dated 4 February 2003]

 

(10)Nine members of the Board, which must include the chairperson or the deputy chairperson, will constitute a quorum at any meeting of the Board.

 

(11)The Board controls the affairs of the Corporation and must protect matters referred to in section 6(2) of this Act.

 

(12)The Board—
(a)must establish a public service subcommittee and a commercial service subcommittee—
(i)to report to the Board on the extent to which the public service division and the commercial service division have achieved their objectives during the relevant period; and
(ii)to perform such other functions regarding the organisation of the Corporation into the public service division and the commercial service division, respectively, as may be delegated to them by the Board; and
(b)may establish such other subcommittees as it deems appropriate from time to time

[Section 13(12) inserted by section 14(b) of Act No. 64 of 2002, GG 24340, dated 4 February 2003]

 

(13)The Board is the accounting authority of the Corporation.

[Section 13(13) inserted by section 14(b) of Act No. 64 of 2002, GG 24340, dated 4 February 2003]