THE NGO NETWORK ALLIANCE PROJECT - an online community for Zimbabwean activists  
 View archive by sector
 
 
    HOME THE PROJECT DIRECTORYJOINARCHIVESEARCH E:ACTIVISMBLOGSMSFREEDOM FONELINKS CONTACT US
 

 

Back to Archive Index

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.

 

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP