BAZ challenges High Court’s decision to allow Kwese TV to operate

Posted by Maveriq

The Broadcasting Authority of Zimbabwe (BAZ) is challenging the decision made by High Court judge Justice Charles Hungwe to allow Kwese TV to broadcast its content through its broadcasting partner Dr.Dish. Justice Hungwe made a provisional order which reversed BAZ’s decision to cancel Dr Dish’s broadcasting licence. Hungwe ruled that Dr Dish and Kwese TV can continue operating pending confirmation of the provisional order.

However, BAZ was not satisfied with the ruling and appealed the decision at the Supreme Court. Lawyers for BAZ, T.H Chitapi and Associates, filed the notice of appeal on Monday. They want Justice Hungwe’s order to be quashed with costs. BAZ argues that Justice Hungwe erred in making the ruling as the High Court has no jurisdiction on the matter.

Part of the appeal reads:

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.

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.

Here is the full application filed by BAZ.

Dr Dish is yet to respond.

More: Herald

 

The Supreme Court of Zimbabwe is the highest court in all matters in Zimbabwe, which are not constitutional in nature. It is the court of last resort and the highest court of appeal in Zimbabwe. Its operations are governed by the Constitution and the Supreme Court Act [Chapter 7:13]The Supreme Court is headed by the Chief Justice of the Supreme Court. The justices of the Supreme Court are appointed by the President on the advice of the Judicial Service Commission. The court consists of at least four members including the Chief Justice. Currently there are 13 justices. The Chief Justice is also the head of Zimbabwe’s judiciary..The current Chief Justice of the Supreme Court of Zimbabwe is Luke Malaba, whose appointment started from 27 March 2017. Chief Justice Luke Malaba took over from Chief Justice Godfrey Chidyausiku who retired on the 28th of February after reaching the mandatory retirement age of 70. Read More

The Broadcasting Authority of Zimbabwe (BAZ) is the regulatory authority for broadcasting in Zimbabwe. BAZ was established through an Act of Parliament in 2001 providing for the functions, powers and duties of the authority. BAZ falls under the Minister of Media, Information and Publicity. BAZ issues licenses to television and radio broadcasting companies in Zimbabwe. Read More

Kwese TV is a Zimbabwean satellite and broadcasting network owned by Econet Wireless Zimbabwe, under Econet Media. On 23 August 2017, Econet Media announced that Kwese TV was now available in Zimbabwe and that decoders were available at Econet Shops. However, that very same day the The Broadcasting Authority of Zimbabwe (BAZ) dismissed the claim that Kwese TV had been licensed and warned consumers not to invest in an unlicenced service. It also warned business operators not to provide "an unlicensed broadcasting service." Read More



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