The Zimbabwe
Broadcasting Corporation (ZBC) has been taken to court by Blackbury Enterprises
after the national broadcaster allegedly clandestinely sought to evict the
company despite an agreement to operate a second television channel.
According to
Blackbury through its managing director Richard Hondo, in 2009, ZBC and his
company entered into a partnership to establish a second television channel,
but was surprised on March 11, this year, when he was served with an eviction
order to vacate Broadcasting Centre Pockets Hill, number 1 Northend Road in
Highlands, Harare.
“This is an
application for rescission of a default judgment, which was granted against the
applicant (Blackbury Enterprises) on January 16, 2019, in case number
HC10805/18,” he said.
“The order was
served on the applicant on March 11, 2019. This is the day that the applicant
became aware that there were proceedings for its eviction, which had resulted
in a default judgment.
“The respondent
(ZBC) issued summons out of this court on November 2, 2018, wherein it was seeking
an order for the eviction of the applicant from its premises described as
Broadcasting Centre Pockets Hill, No.1 Northend Road, Highlands, Harare.”
Hondo said when
the matter was determined in his company’s absence; the court summons had not
been served at his address, but had been served at number 41, Tunsgate Road,
Mt. Pleasant. He said the address was previously under use by Blackbury
Enterprises’ consultant at the time the company was being registered.
“The respondent
is quite aware that this is the applicant’s business address as all the
correspondence between respondent and applicant were directed to this address.
I wish to state further that when the default judgment was served by
respondent’s messenger, it was delivered to the applicant’s address at the
Broadcasting Centre,” Hondo said.
Hondo said his
firm had a strong defence against ZBC’s claim for eviction.
In line with
clause 1,2 of the said agreement, his company was offered offices by ZBC and
thereafter played its part by procuring the necessary broadcasting equipment,
building a studio, providing the content to run on the station and providing
engineering backup.
“I must
indicate that the total investment made by the applicant in the partnership is
in the sum of US$19 120 975,84, which is broken down as follows:
broadcasting
equipment, PowerTel connection fee — Harare to Bulawayo Montrose, PowerTel
monthly signal charges for 36 months, purchase and installation of transmitter
at Montrose, purchase and installation of two e.tv decoders at Pockets Hill,
purchase of content from e.tv for 72 months, ZBC offices renovations and
burglar barring and purchase of aerials for viewers to access channel 2,” he
said.
Hondo said
there was also an understanding that the arrangement between the parties would
remain in force until Blackbury Enterprises obtained its own broadcasting
licence, adding that on May 4, 2015, his firm and ZBC had held a meeting where
they agreed to suspend business operations pending the movement of ZBC from
analogue to digitalisation.
The matter is
still pending. Newsday
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