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Broadcasting
Services Act, 2001
Incorporates
Act 3/2001, 22/2001 (s. 4)1 ,
26/2001 (s. 10)2 ; 6/20033
September 19, 2003
Contents
PART
II
Broadcasting Authority of
Zimbabwe
3. Establishment
and functions of Broadcasting Authority of Zimbabwe
4. Establishment
and composition of Broadcasting Authority of Zimbabwe Board
4A Dismissal
or suspension of members of Board
4B Minister may give policy directions
5. Financial
and miscellaneous provisions relating to Authority
3 Establishment
and functions of Broadcasting Authority of Zimbabwe TOP
(1) For the purposes
of this Act, there is hereby established an authority, to be known as
the Broadcasting Authority of Zimbabwe, which shall be a body corporate
capable of suing and being sued in its corporate name and, subject to
this Act, of performing all acts that bodies corporate may by law perform.
(2) Subject to
this Act, the powers and functions of the Authority shall be—
(a) to plan and
advise on the allocation and distribution of the available frequency
spectrum, for which purpose it shall have regard to the provisions for
the planning of the broadcasting service bands contained in the First
Schedule;
(b) to advise
the Minister on the adoption and establishment of standards and codes
relating to equipment attached to broadcasting systems;
(c) to receive,
evaluate and consider applications for the issue of any broadcasting
licence or signal carrier licence for the purpose of advising the Minister
on whether or not he should grant the licence;
(d) to monitor
tariffs charged by broadcasting licensees with a view to eliminating
unfair business practices among such licensees and to protect the interests
of consumers;
(e) to advise
the Minister on ways of improving and promoting a regulatory environment
that will facilitate the development of a broadcasting industry in Zimbabwe
that is efficient, competitive and responsive to audience needs and
the national interest;
(f) to encourage
diversity in the control of broadcasting services;
(g) to ensure
that Zimbabweans have effective control of broadcasting services or
systems;
(h) to ensure
the role of broadcasting services and systems in developing and reflecting
a sense of Zimbabwean identity, character and cultural diversity;
(i) to promote
the provision of high quality and innovative programming by providers
of broadcasting services;
(j) to encourage
providers of commercial and community broadcasting services and systems
to be responsive to the need for a fair and accurate coverage of matters
of public interest and for an appropriate coverage of matters of local
significance;
(k) to encourage
providers of broadcasting services and systems to respect community
standards and values in the provision of programme material;
(l) to ensure
the provision of means for addressing complaints about broadcasting
services;
(m) to ensure
that providers of broadcasting services place a high priority on the
protection of children from exposure to programme material which may
be harmful to them; and
(n) to ensure
compliance with this Act and licence conditions and, where empowered,
to enforce the provisions of this Act;
(o) to monitor
and track the use of the broadcasting service bands;
(p) generally,
to advise the Minister on all matters relating to broadcasting systems
and services;
(q) subject to
this Act, to carry out any function or act as may be prescribed by the
Minister.
(3) In the exercise
of its functions the Authority shall have regard to the desirability of
securing the following objects—
(a) the provision
of sufficient broadcasting services throughout Zimbabwe;
(b) the promotion
of peace, stability and national cohesion through the provision of broadcasting
services;
(c) ensuring
that any person by whom any broadcasting service falls to be provided
is able to provide these services at rates consistent with the provision
of an efficient and continuous service and the necessity of maintaining
independent financial viability;
(d) the development
of broadcasting systems and services in accordance with practicable
and recognised international standards and public demand;
(e) the satisfaction
of present and future reasonable demand for broadcasting services;
(f) the promotion
of the interests of consumers, purchasers and other users in respect
of the quality and variety of broadcasting services provided;
(g) the maintenance
and promotion of effective competition between persons engaged in the
provision of broadcasting services and any activities connected therewith;
(h) the advancement
of appropriate technology relating to broadcasting systems and services;
(i) the preservation
of the national security and integrity of Zimbabwe;
(j) the fostering
of Zimbabwean national identity and values.
(4) Subject to
this Act, for the better exercise of its functions the Authority shall
have the power to do or cause to be done, either by itself or through
its agents, all or any of the things specified in the Second Schedule,
either absolutely or conditionally and either solely or jointly with others.
(5)4
Subject to this Act, the Authority shall not, in the lawful exercise of
its functions under this Act, be subject to the direction or control of
any person or authority.
4 Establishment
and composition of Broadcasting Authority of Zimbabwe Board5
TOP
(1) The operations
of the Authority shall, subject to this Act, be controlled and managed
by a board to be known as the Broadcasting Authority of Zimbabwe Board.
(2) Subject to subsection
(3), the Board shall consist of not fewer than seven members and not more
than nine members appointed by the Minister after consultation with the
President and in accordance with any directions the President may give
him.
(3) Of the members
appointed in terms of subsection (2)—
(a) two shall be
persons chosen for their experience or professional qualifications in
the field of broadcasting technology and broadcasting content, respectively;
and
(b) one shall be
a chief as defined in the Traditional Leaders Act [Chapter 29:17] and
nominated by the Council of Chiefs referred to in that Act; and
(c) one shall be
a legal practitioner of not less than five years' standing registered
in terms of the law in force relating to the registration of legal practitioners;
and
(d) one shall be
a public accountant of not less than five years' standing registered
in terms of the law in force relating to the registration of public
accountants; and
(e) one shall be
a representative of churches or other religious bodies chosen from a
list of nominees submitted by groups representative of churches or other
religious bodies.
(4) At least three
of the members referred to in subsection (3) shall be women.
(5) The Third Schedule
shall apply to the qualifications of members of the Board, their terms
and conditions of office, vacation of office, suspension and dismissal,
and the procedure to be followed by the Board at its meetings.
(6) If any council
or group referred to in subsection (3), or the Board or portfolio committee
referred to in subsection (1) of section four A, fails or refuses to submit
any nomination within thirty days of being requested to do so by the Minister
in writing, the Minister may, subject to subsection (4), appoint any person
to represent that council or group or the Board or portfolio committee,
and the person so appointed shall hold office as a member of the Board
or of the Independent Disciplinary Committee in all respects as if he
or she had been duly nominated and appointed in terms of subsection (3)
or subsection (1) of section four A.
4A
Dismissal or suspension of members of Board TOP
(1) For the purposes
of subsections (5) and (6) there shall be a committee, hereafter in this
section referred to as "the Independent Disciplinary Committee",
consisting of—
(a) a person, not
being a member of the Board, appointed by the Minister from a list of
three registered legal practitioners recommended by the Attorney-General,
who shall be the chairperson of the Committee; and
(b) a member of
the Board chosen by the Minister from a panel of three members of the
Board nominated by the Board; and
(c) a person chosen
by the Minister from a list of not less than three names submitted by
the portfolio committee of Parliament responsible for broadcasting,
who shall not be a member of Parliament.
(2) The Independent
Disciplinary Committee shall reach its decisions by consensus or, failing
consensus, by a vote of the majority of its members.
(3) A member of the
Board shall vacate his or her office if the member—
(a) has, subject
to subsection (5), been found to have conducted himself or herself in
a manner that renders him or her unsuitable as a member, including a
contravention of paragraph 9 of the Third Schedule; or
(b) has failed to
comply with any term or condition of his or her office fixed by the
Minister in terms of subparagraph (3) of paragraph 1 of the Third Schedule;
or
(c) is mentally
or physically incapable of efficiently carrying out his or her functions
as a member; or
(d) has been absent
without the permission of the Board from two consecutive meetings of
the Authority of which he or she was given at least seven days' notice,
and there was no just cause for the member's absence.
(4) The Minister may
suspend a member of the Board—
(a) whom he or she
suspects on reasonable grounds of having been guilty of conduct referred
to in paragraph (a) of subsection (3); or
(b) against whom
criminal proceedings have been instituted for an offence in respect
of which a sentence of imprisonment without the option of a fine may
be imposed;
and while that member is so suspended he or she shall not carry out
any functions as a member.
(5) A member suspended
in terms of paragraph (a) of subsection (4) shall be given notice in writing
of the grounds for the suspension and may, within fourteen days of being
so notified, make written representations to the Independent Disciplinary
Committee showing cause why no finding of misconduct rendering him or
her unsuitable to be a member of the Board should be made.
(6) The Independent
Disciplinary Committee shall require a member suspended in terms of subparagraph
(a) of subsection (4) to vacate his or her office if—
(a) no representations
are made by the member in terms of subsection (5); or
(b) it finds that
the member is guilty of the misconduct alleged, upon receiving the written
representations of the member referred to in subsection (5) and after
affording such member, the Minister and any other person whom it considers
to have any interest or knowledge in the matter to make such further
representations to it, written or oral, as it deems necessary:
Provided that if
it finds that the member is not guilty of the misconduct alleged, the
suspension of the member shall immediately be rescinded.
4B
Minister may give policy directions TOP
(1) Subject to subsection
(2), the Minister may give the Board such general directions relating
to the policy the Authority is to observe in the exercise of its functions
as the Minister considers to be necessary in the national interest.
(2) Before giving
the Board a direction in terms of subsection (1), the Minister shall inform
the Board, in writing, of the direction and the Board shall, within thirty
days or such further period as the Minister may allow, submit to the Minister,
in writing, its views on the proposal.
(3) The Board shall
take all necessary steps to comply with any direction given to it in terms
of subsection (1).
(4) When any direction
has been given to the Board in terms of subsection (1) , the Board shall
ensure that the direction and any views the Board has expressed on it
in terms of subsection (2) are set out in the Authority's annual report.
5 Financial
and miscellaneous provisions relating to the Authority TOP
The Fourth Schedule
shall govern the financial and certain other aspects of the operation
of the Authority.
1 Criminal Penalties
Amendment Act, 2001 (commencement: 20th May, 2002).
2 Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (commencement:
2nd February, 2002)
3 Broadcasting Services Amendment Act, 2003 (commencement: 19th September.
2003).
4 Subsection inserted by s. 3 of Act 6/2003.
5 Section substituted by s. 4 of Act 6/2003.
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