BAZ appeals against Kwese TV licencing

THE Broadcasting Authority of Zimbabwe (BAZ) has approached the Supreme Court challenging a High Court decision to overturn a ban it had placed on Econet boss Strive Masiyiwa’s Kwese TV.

BY CHARLES LAITON

Independent satellite broadcaster Dr Dish recently approached the High Court after BAZ chief executive officer Obert Muganyura cancelled its licence on the basis that its service provision was illegal.

Justice Charles Hungwe on Friday ruled in Dr Dish’s favour.

But BAZ alongside Muganyura on Monday approached the Supreme Court challenging the ruling arguing Justice Hungwe erred in all material respects and further that Dr Dish’s application was not urgent.

“The High Court erred in not finding that its jurisdiction to deal with the application arising from the suspension or cancellation of a licence was ousted by section 43 (1) (e) of the Broadcasting Act,” BAZ said.

“The High Court erred in granting an order authorising the respondent (Dr Dish) to distribute content from Econet Media Ltd (Mauritius) in the absence of an amendment to its licence in terms of section 15 of the Act.”

BAZ further said Justice Hungwe in finding that Dr Dish had established irreparable harm notwithstanding that the alleged harm was self-inflicted and was suffered while it was operating unlawfully.

BAZ said the High Court further grossly erred in failing to find that the respondent had a more efficacious alternative remedy provided in terms of section 43 of the Act and a claim for damages.

According to the court papers, Dr Dish is a holder of licence number CD 0004 issued by BAZ in 2012 which expires in 2022.

However, in October last year, Muganyura wrote to Dr Dish calling upon the company to show cause why its licence should not be cancelled.

Dr Dish then responded by explaining that, its initial partner, MY TV Africa (Dubai), had lost its content rights over Zimbabwe and as such it had secured a new partner in Econet Media (Mauritius).

On August 22 this year, four days after Dr Dish made payment of outstanding licence arrears of $434 000 and 10 months after showing cause why its licence should not be cancelled, BAZ delivered two documents, one acknowledging receipt of the payment and the other advising that its licence had been cancelled with effect from August 22.

In his ruling, Justice Hungwe said the conduct of BAZ in the saga left no doubt that the matter was not properly handled.

“The applicant publicly announced that it was rolling out its broadcast service through the provision of Kwese TV content Clearly, applicant has invested heavily in both human and capital resources for which a huge loss will naturally follows
should the Board refuse to reverse second appellant’s (Muganyura) letter of cancellation,” Justice Hungwe said.

“What is required to be established at this stage is not whether the applicant acted within the law in incurring those expenses, but whether it will suffer irreparable harm should the interim relief not be granted. It seems to me that it is, at this stage, immaterial whether applicant brought such consequences upon itself or not; the inquiry is whether, as a fact, should the interim relief not be granted, applicant will suffer irreparable harm. I am satisfied that indeed such irreparable harm would visit the applicant.”

BAZ is being represented by TH Chitapi and Associates.

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22 Comments

  1. nhaiwe BAZ dambudziko rako nderei apa.haudi kuti tionewo zviri nani here,tingogara tichizvamburwa pasi petsoka nemultichoice.zvimwe zvacho nyaraiwo mhani

  2. why muchizvamburwa nemultichoice? hamuna ZBC yemahara here imi?

    1. mupagamuri wati dzimba dziite marally here?

      1. Chokwadi tongoona propaganda here?

  3. This Baz monster is just cruel for nothing, very cruel and very inconsiderate to what exactly people want. Baz want to promote Multi Choice , have they been given money by Multi Choice , this is how we the general people of Zimbabwe see it. Why do we want to be dominated by foreign companies yet we have our own company that wants us ZIMBABWEANS to save forex. Baz ngairege kutengwa mhani !

    1. These guys are getting something from Multi choice. Why is it expensive here in Zimbabwe than anywhere else in Africa.

  4. mupagamuri you are ancient

  5. VaDr Mangudya can you kindly comment…

  6. selfish BAZ

  7. MMMMM this BAZ thing…… Why not give Kwese a chance! These BAZ guys are surely getting something from DSTV cause why else would they suddenly pounce on every broadcaster`s throat now that DSTV is booted out. Too bad u wont win this one BAZ, Kwese is coming hot!

  8. Functionalism at play here. This is the work of Lacoste and Charamba fighting G40 who of late are in support of Kwese TV. It’s either they want people to hate the Gvt considering the current hammering of Lacoste by Dr. So everything G40 support, Lacoste would want to counter that.

    The country suffers at the end of the day. the future of our children is currently in the wrong hands

  9. i knew it and i said it. you cant trust these morons

  10. pakaipa kani

  11. BAZ is meant to be an impartial regulator but like most things Zimbabwean is an extension of Zanu PF hegemony and control. Why does the government of Zimbabwe own shares in multichoice? This partly explains the reason for not wanting another competitor to enter the market and also political reasons for wanting to control the satellite TV market. Politics is everything in Zimbabwe to the detriment of economy and wider society, maiwe zvangu.

  12. they once tried to strangle Masiiwa over his Econet thing, now they are at it again. Chiyangwa should help us by telling his ZANU PF friends that this is indiginous bussines

  13. Certainly there is obvious bias towards Multi-choice, who are ring-fenced against competition. Apparently, this trend (of protecting Multi-choice) is also prevalent in South Africa, Swaziland among other southern African countries. However in Zimbabwe, it has political dimension, wherein Strive is a sworn enemy of the regime. They cannot fathom the fact that the Daily News can be reincarnated in live broadcasting institution particularly in the eve of a watershed elections. Kwese should continue on the legal route and I believe the facts of the matter are solid for it to have the license.

  14. Masiyiwa is from Zim ,no to selfishnes thus he opportunity to indiginize as a citizen of zim.kwese forever no turning back

  15. Zanu haiite

  16. They are scarred MDC Alliance will start featuring somewhere!

    1. Chokwadi

  17. Asi machannels eKwese yacho haana kumbonyanyosiyana neeDSTV. Ende it’s also expensive compared to DSTV where one can choose a package to subscribe. But at least it’s a Zim thing and they said in 2013 develop, empower, INDIGENISATION, and employment so they should support it

  18. mmmm poor Baz, i wish soo if these guys will suffer mo than ey ave made us suffer. with God’s Grace Econet wil win

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