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VOP applies for refusal of remand
MISA-Zimbabwe
February 28, 2006

Radio Voice of the People directors, David Masunda, Nhlanhla Ngwenya, Lawrence Chibwe, Millie Phiri, Arnold Tsunga, Bella Matambanadzo and John Masuku, have filed an application for refusal of further remand.

The directors who are represented by Harare lawyer, Beatrice Mtetwa, on 28 February 2006 argued that the facts placed before the court do not constitute an offence.

The directors are accused of contravening section 7(1) of the Broadcasting Services Act which prohibits broadcasting without a licence.

Allegations against them are that the accused established an office at Beverly Court in Harare which they equipped with computers and produced programmes. The news programmes were allegedly then dispatched to a transmitter in The Netherlands from where they were relayed to Madagascar. The station in Madagascar then beamed the programmes into Zimbabwe.

Mtetwa led evidence from an expert witness, Engineer Amon Matambo who defined broadcasting as the transmission of a signal product, audio or video, via a transmitter.

Matambo told Harare magistrate Rebecca Takawadi that computers, recorders and microphones were not broadcasting equipment as they do not have the modulators which allow one to broadcast.

He further argued that broadcasting via Netherlands and Madagascar does not constitute broadcasting in Zimbabwe. Zimbabweans were only recipients of the products broadcast from The Netherlands, said Matambo.

However, state witness and director of Technical Services with the Broadcasting Authority of Zimbabwe (BAZ), Obert Muganyura, told the court how they had confiscated programme- producing equipment such as computers, microphones and recorders following a raid of the VOP offices in Harare.

Muganyura argued that VOP was broadcasting in Zimbabwe because their programmes were designed for Zimbabwe. He says a transmitter can be located anywhere in the world. He argued that if one sends out material to an outside transmitter, then that transmitter is deemed to be located in Zimbabwe.

The application hearings continue on 1 March 2006 before the magistrate makes a ruling on the application by Mtetwa for refusal of the further remand of the VOP bosses.

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