GOVERNMENT is using underhand means to force exiled
telecommunications magnate Strive Masiyiwa’s Econet Media-owned Kwese TV into a
partnership with either Zimbabwe Newspapers (Zimpapers) or Zimbabwe
Broadcasting Corporation (ZBC), papers at the High Court claim.
Independent satellite broadcasting firm, Dr Dish,
represented by Masiyiwa’s associate, Tawanda Nyambirai, on Tuesday made an
urgent chamber application demanding that the High Court reverses a decision by
Broadcasting Authority of Zimbabwe (BAZ) chief executive officer, Obert
Muganyura to cancel its licence.
According to the application, Muganyura’s actions, without
board approval, are ultra vires the powers vested in him, and this has
threatened over 1 600 jobs and about $4 million in projected income.
BAZ and Muganyura are listed as first and second
respondents respectively.
“Monetary loss exceeding $1,4 million including staff costs
at the rate of $979 500 per month. Loss of projected revenue for the months of
August and September amounting to $2,4 million at the rate of $88 000 a day.
The risk of
1 635 jobs (and) the risk of a write-down of more than $4,1
million already incurred in the purchase of set-top boxes (as well as) great
inconvenience to the 24 145 customers, who were enjoying the service and 7 259,
who had applied,” Dr Dish executive chairman Nyasha Muzavazi said in his
founding affidavit.
Amid reports that Econet Media was in discussions with
Zimpapers and ZBC for a possible partnership, Dr Dish was left with no option,
but to speculate that the “purported cancellation” was a ploy to force Kwese TV
to conclude negotiations with either Zimpapers or ZBC and “dump the applicant”.
Dr Dish also argued in the application that Muganyura’s
actions without warning were a violation of the applicant’s and ordinary
Zimbabweans’ freedom of expression and the media.
Muzavazi said Muganyura had no authority to either demand a
show cause or withdraw his company’s licence because the tenure of the
Tafataona Mahoso-led board, appointed in September 2009, expired in March 2015,
10 months before the BAZ boss’ initial letter on October 12, 2016.
In his letter cancelling Dr Dish’s licence, Muganyura
argued that the company had ceased to provide the service it was licensed for.
But Muzavazi further argued that the terms and conditions
prescribing award of licence were given to the BAZ board under section 46(2)(h18)
and (h31), but would only have effect when “approved by the minister and
published in the (Goverment) Gazette”.
“I contend that these terms and conditions never came into
effect and thus could not be the basis on which applicant’s licence could be
terminated. Even if the terms and conditions attached to the licence were
valid, I contend that MY TV Africa was merely a provider of content and not the
service applicant was licensed to provide.
“Applicant was entitled to replace the content provider or
to have more than one content provider, provided that the content providers
were listed in the particulars or information furnished to first respondent
when applicant applied for a licence,” Muzavazi said, adding: “Applicant gave
notice to first respondent on October 21, 2016 (as required by section 17 of
the Act) and this notice was accepted and that acceptance was never revoked.”
Muganyura asked Dr Dish to show cause why its licence
should not be cancelled after defaulting on its fees due to BAZ on October 12,
2016.
The company responded four days later indicating that its
original content supplier, MY TV Africa (Dubai), had pulled out after losing
its rights to the Zimbabwean territory.
In the same letter, Dr Dish gave notice to BAZ that it had
engaged Econet Media (Mauritius) to take over as content provider, which was
acknowledged by the authority, according to court papers. Newsday
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