Act No. 4, 1999
BROADCASTING ACT, 1999
Commercial services
11. (1) The commercial services provided by the Corporation must(a) be subject to the same policy and regulatory structures as outlined in this
Act for commercial broadcasting services;
(b) comply with the values of the public broadcasting service in the
provision of programmes and service;
(c) commission a significant amount of their programming from the
independent sector;
(d) subsidise the public services to the extent recommended by the Board
and approved by the Minister; and
(e) be operated in an efficient manner so as to maximise the revenues
provided to its shareholder.
(2) The Corporation must, by not later than the date three months prior to the
date of conversion, submit to the Minister for approval (a) a proposed budget in respect of the commercial service division listing
revenue, expenditure, borrowings and appropriation of funds for the
financial year following the date of conversion; and
(b) a three-year business plan containing details of operational plans,
marketing and financial plans and policies prepared in compliance with
the objectives of the commercial service of the Corporation and in
compliance with the general objectives of this Act covering the
commercial service obligation of the Corporation in respect of the
conduct of business of the commercial service division for the three
financial years following the date of conversion.
[Subsection (2) added by Section 12 of Act No. 64 of 2002]
(3) The Board must(a) keep proper and accurate books and records of the financial affairs of the
commercial service division separately from those of the public service
division;
(b) procure in addition to the annual financial statements of the Corporation
drawn up in terms of section 20, audited annual financial statements
prepared in respect of the commercial service division in accordance
with generally accepted accounting practice separately from those in
respect of the public service division; and
(c) submit to the Minister within four months after the end of the financial
year of the Corporation (i) an annual written report on the activities of the commercial service
division during the financial year of the Corporation preceding the
date of the report;
(ii) the financial statements of the commercial service division for the
preceding financial year of the Corporation in question after the
statements have been audited by the auditors of the Corporation; and
(iii) the report of the auditors on the financial statements of the
commercial service division for the financial year of the Corporation
[Subsection (3) added by Section 12 of Act No. 64 of 2002]