The Broadcasting Authority of Zimbabwe (BAZ) noted an appeal at the Supreme Court to challenge the decision by High Court judge Justice Charles Hungwe allow Kwese TV and its broadcasting partner Dr Dish to continue operating until the matter is concluded. Here is their appeal:
GROUNDS OF APPEAL
FURTHER TAKE NOTICE THAT the grounds upon which this appeal is based are the following:
- 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 (Chapter 12 06) (-the Act”)
- The High Court further grossly erred in not finding that the application before it was not urgent. the licence in issue having been lawfully cancelled by the Appellants on the 22nd of August 2017.
- The High Court further erred in granting an order authorising the Respondent 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 and therefore holding that the notification sent by the Respondent to the Appellants in terms of section 17 of the Act had the effect of amending the licence.
- The High Court further erred in finding that the cancellation of the Respondent’s licence was prima facie ultra vires the Act on account of the absence of the Board while at the same time holding that the Respondent’s notification of the change of content could be validly accepted to the absence of the Board.
- The High Court further grossly erred in finding that the Respondent had established irreparable harm notwithstanding that the alleged harm was self-inflicted and was suffered while the Respondent was operating unlawfully.
- 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.
- The High Court grossly erred in improperly exercising its discretion to grant the relief sought and its decision was irrational on the basis of grounds of appeal 1-6 above.
WHEREFORE the Appellants pray that the appeal be allowed with costs and judgment of the High Court be set aside and substituted with the following –
The application is dismissed with costs.”
Dated at Harare this 11. day of September 2017
T.H CHITAPI & ASSOCIATES
Appellants’ Legal Practitioners
Appellants’ address for service is:
Messrs T H Chitapi & Associates
1st, Floor, Local Government House
86 Selous Avenue/8,h Street
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
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
The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court go to the Supreme Court. The head of the High court is the Judge President and the current Judge President of the High Court of Zimbabwe is Justice George Chiweshe The operations of the High Court are governed by the Constitution and the High Court Act [Chapter 7:06]. Read More