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.
Dr Dish is yet to respond.