THE Broadcasting Authority of Zimbabwe (BAZ) this week
approached the High Court again seeking to bar Kwese TV from broadcasting.
Kwese TV received a major boost last week after Dr Dish’s
application seeking to broadcast pending a Supreme Court appeal by BAZ, was
granted by High Court judge Justice Charles Hungwe.
But on Monday, BAZ chief executive officer, Obert Muganyura
again approached the court challenging its decision. He argued Kwese TV had
been allowed to operate illegally and that Justice Hungwe had no jurisdiction
to entertain the business dispute. BAZ is now seeking leave to appeal to the
Supreme Court again.
“The legal provision makes it clear and the Administrative
Court itself has no power to authorise the respondent (Dr Dish) to carry on
broadcasting services. That power vests with the first applicant herein (BAZ).
It was, therefore completely irregular for the High Court to have assumed
jurisdiction and to have proceeded to authorise the respondent to operate
without a licence,” Muganyura said in his urgent application.
“The applicants (Muganyura and BAZ) maintain the position
that they acted in accordance with the law and cancelled the licence.”
Muganyura said Justice Hungwe, in his earlier judgment in
favour of Dr Dish, had confirmed that the latter was operating illegally and
had contravened some sections of the conditions of the licence.
“In addition, the honourable court on page three of this
judgment, states that the first applicant can be compensated if the respondent
is operating outside the law by raising a fine. With respect, this amounts to
the court sanctioning an illegality,” he said.
“Once there is a possibility that the respondent is
contravening the law, it follows that the appeal noted in case number SC677/17
has prospects of success and, therefore, an application for leave to execute
the judgment of the High Court pending appeal must not have been granted,”
Muganyura said.
In his judgment recently, Justice Hungwe ruled that
Muganyura’s decision to cancel Dr Dish’s licence was illegal, since he had no
authority to make the decision without the approval of the BAZ board. But, in
response to Justice Hungwe, Muganyura said the judge had missed the point.
“Upon proper construction, the powers of the second
respondent herein between board meetings must necessarily include the power to
cancel licences. At the present moment, it suffices to state that I
(Muganyura), the second applicant, has such powers to act and cancel the
licence of the respondent,” he said.
Muganyura said members of the public buying decoders and
subscribing to Kwese would not be compensated.
The matter is yet to be set down for hearing. Newsday
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