BAZ seeks another order to bar Kwese TV

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.

BY CHARLES LAITON

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.

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32 Comments

  1. refugee in my own country

    iye muganyura wacho ambori chiii kuda kuuraya mabasa atogadzirwa achizowanei nxaaaa

  2. can someone reign in this Muganyara idiot,

  3. This is utter nonsense whose interest is this Muganyara trying to serve.

  4. who is this guy and who is behind him. why is he so against a international project created by our own son. we will start praying that within a few months he goes blind or he sees his maker. I know there are politicians behind him. jonathan moyo has asked, why allow dstv and yet disqualify our own, which does not say no to useless bond notes. I am confused here. jealous, greed, wish econet can be run the zanu way. wanting to deep their hands in what they have not worked for. is it because kwese has refused to partner zimpapers and zbc.

    1. Mandiwanzira

  5. Nyatsimba Mutota

    Maganyara is behaving in an idiotic manner. He should stop all this nonsense and let Kwese to do business and create employment which we so desperately need. Lets support each other in Zimbabwe. Muganyara, whoever is sending you, tell them “lets stop acting like kids”

  6. As usual darkness is being preferred than light, one is inclined to think the government and its quasi institutions are there to promote its citizenry interests, this is not only barbaric but crime against humanity since there is employment opportunities being created and in turn improves fiscus revenue.

  7. Who is this Maganyura guy? Apart from people a service, Kwese TV will create so many jobs. Why try and stop such a venture. He must pay for the court challenge using his own money.

  8. I can’t believe this,failing to support our own and waiting for foreign investments.How did this man came to be selected as CEO,now we suffer the consequence.

  9. Pull him down syndrome.These idiots never learn.

  10. I understand governance as a process where the people select certain individuals to represent the same peoples’ interests, not the other way. On the issue of allowing more players in the broadcasting sector, the writing is on the wall, the calls are unanimous and clear. Anything to the contrary serves nothing but to indicate that there are people who want the people to serve them, instead of them serving the people.

  11. This guy or whoever is pushing him is an idiot and no different from Joyce mujuru who for a while refused to give strive his licence but eventually lost. This imbecile will lose and is wasting money and time over an unwinnable case! What a FOOL!!

    1. Comment…can Nkomo resurrect and come and aprove Kwese just like wat he did yo econet way back in 00s

  12. Here’s the point…broadcasting media is a powerful tool to change people’s perceptions, especially now that Mugabe wants to win the 2018 elections at all costs. Any fool can allow another private broadcaster, apart from Dead BC, at this moment in time when Grace is fighting for ascendancy to the throne. BAZ and Maganyura are being pushed by Mugabe and his cohorts to bar Strive at all costs…and Supa Mandiwanzira is doing all the background work. Remember the tiff he had with Econet over tariffs? Supa is not keeping quiet for nothing, he’s fight hard for his BOSS…and ZiFM has grand plans to establish a TV station soon. watch this space…

  13. People like Maganyura would rather see people die as long as they protect Mugabe and his interests. Kwese TV is a shot in the arm for the people and why try everything to stop it.I know its because they want to protect Mugabe and make sure there is no dissenting voice but at what cost. When Mugabe finally goes Zimbabwe has a lot of catching up to do.

  14. There is SERIOUS conflict of intrest.Supa Mandiwanzira is into media throug ABCommunications and sees Kwese as a competitor.That is the only rason why he is fighting kwese.

  15. A sign of the shit-hole our country has become. How can a whole authority be so against progress. Shame on our leaders for their selfishness.

  16. Do you have the power to cancel the license without giving valid reasons and following the rules and ensuring that in so doing you do not violate constitutional rights of others. Any dispute should be solved in a court of law and the constitution becomes the supreme law. It is therefore disingenuous for BAZ and its officers to claim that they have authority to cancel the license without justification and that they don’t need court intervention whilst at the same time approaching the same court for remedy. BAZ is thus undermining the court processes, the constitution of the republic and its own internal processes, if any, by flagrantly pursuing a personal vendetta and abusing the court processes. The Constitutional Court should sit as a matter of urgency and decide objectively, without fear and favour, on this dispute, for progress sake but also, importantly, to save tax payer’s money. Look, BAZ is funded by treasury to engage in costly legal battles when the country is on its knees financially- if this is not treason, then help me to understand why we should NOT effect citizen’s arrest on the person of Muganyura.

    1. Mind you my friend, KWESE TV is not yet licensed. Please follow the matter correctly and make sure that you stage an honorable argument. We know that BAZ is doing wrong but that is not the reason to deviate from the real fact. BAZ is the sole body that gives licenses and it has not licensed Dr Dish. The latter started to operate unconstitutionally, ie without a license. The matter spilled to the High Court after BAZ shut down KWESE TV operations. Dr Dish challenged that in High Court which ruled in favor of the latter. The de facto of the matter is that the High Court or that Administrative court has no jurisdiction over such cases. Let then leave be granted for appeal and let CJ Malaba preside over the matter. Do not be misled by vana Masiiwa who are using you to pursue their businesses at the same time seeking sympathy from the populace. Hero worshiping will kill my nation.

  17. Surprised why,this is an indirect way by Muganyuri of demanding to be greesed but unfortunately for him Econet do not operate that way

  18. Comment…pliz can somebody arrest this shit O O, put him behind bars and throw the keys into the red sea.

  19. handina basa nekwese tv rangu dstv zvakarongeka ndiri kutoshaya chbirikurwira dstv handisiye

    1. its not evryone who can afford dstv my brother sister or whoever you are

  20. This country is at a tipping age where soon, those who think the citizens fear them will indeed run for their lives. One idiot has the “power to cancel a TV license” and very little else e.g. no brain cells to create or appreciate employment creation. What a waste of physical space.

  21. Guys like Maganyura are CIO operatives beng planted in these statutory bodies to give Zimbabweans headaches. They do not have the interests of people at heart. They are nothing but charlatans. They are enemies of the people of Zimbabwe.

  22. The court can grant a licence where the govt is not willing to grant for no proper reason. Thats how Econet got its licence when the govt was blocking it. So to say that its outside the court’s jurisdiction is being economic with the truth because there is a precedence already set thru the econet case.

  23. These BAZ guys are demonic

  24. Maganyuraa be careful, serve public interests not your interests. Do you have any job to offer to only one person????? Allow us to enjoy our own Zimbabwean fruits, Pamberi neKwese tv!!! PaMzansi vanhu vakufairwa nehupenyu nayo Kwese iyi

  25. This guy knows very well that if he continues doing this,a lot of people will hate Zanu PF and vote for opposition.He hates it and wants to ensure everyone will vote angrily next year.Frustrating Econet subscribers is like frustrating the whole country.

  26. Competition is good DSTV is reducing prices.

    1. indeed it is good ,before dstv has been ripping us off

  27. I WONDER IF WE WILL EVER BE AHEAD IN ANYTHING IN ZIM WITH TYPICAL PEOPLE LIKE GANYURA WHO ARE ENEMIES TO DEVELOPMENT ,EMPLOYMENT CREATION ,TO GOOD THINGS AND MORDENISATION ,WE ARE A LOST CAUSE WITH SUCH PEOPLE IN LEADERSHIP

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