Updated: High Court grants Kwese TV permission to operate, BAZ ordered to pay costs

New satellite broadcasting player Econet Media’s Kwese TV has been granted permission by the High Court to continue broadcasting until the Supreme Court rules on the appeal filed by the Broadcasting Authority of Zimbabwe (BAZ).

Kwese TV has faced massive resistance from BAZ, the regulator,  from the onset. After Econet announced the launch of Kwese TV, the chief executive officer of the Broadcasting Authority of Zimbabwe,  Obert Muganyura immediately announced that Dr Dish’s broadcasting licence had been cancelled and that Kwese TV did not have permission to operate.

Dr Dish responded by filing an urgent application at the High Court Challenging BAZ’s decision to cancel its broadcasting licence. High Court judge Justice Charles Hungwe reversed BAZ’s decision and issued a provisional order allowing Dr Dish and Kwese TV to continue operating pending the determination of the matter by the court.

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Feeling aggrieved by Justice Hungwe’s decision, BAZ filed an appeal at the Supreme Court. The appeal had the effect of suspending, Justice Hungwe’s provisional order. Dr Dish then filed another urgent application at the High Court seeking permission to continue operating until the Supreme Court appeal was heard and resolved. In the meantime, Kwesé TV and Dr Dish then stopped broadcasting.  However, because of today’s High Court ruling, Kwese TV and Dr Dish can resume operating.

In the latest ruling Justice Charles Hungwe ruled:

I am satisfied that the applicant has satisfied the requirements for the grant of leave to proceed with its operations as set out in the order of this court in HH-598-17 dated 8 September 2017 in which the letter by the second respondent was to all intents and purposes suspended pending the final determination of the rights of the parties. In the result I make the following order:

1. Leave to proceed in terms of the judgment of this Court in be matter HH-598- 17 be and is hereby granted.

 2. The respondents shall bear the costs of this application. 

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