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BAZ risks contempt of parliament charges
Njabulo Ncube, The Financial Gazette (Zimbabwe)
August 24, 2006

http://www.fingaz.co.zw/story.aspx?stid=701

The Financial Gazette can reveal that when BAZ chief executive officer Thomas Mandigora appeared before the Portfolio Committee on Transport and Communications about three months ago, he said the regulating authority would have called for applications by the end of last month.

Investigations by this newspaper this week reveal that not only has there been silence on the issue of the opening up of the airwaves by the authorities but recommendations to amend the Broadcasting and Services Act (BAS) are also gathering dust at the ministry of Transport and Communications.

The Portfolio Committee on Transport and Communications, chaired by Makonde legislator Leo Mugabe, has been under immense pressure from civic organisations and media stakeholders to liberalise the airwaves since the promulgation of the BSA in 2002, which automatically licensed Transmedia and the Zimbabwe Broadcasting Holdings (ZBH).

Mugabe said failure by the BAZ officials to stick to their programme of action smacked of contempt of parliament.
"When they (BAZ) appeared before us, its officials revealed a programme of action under oath. They said by the end of July they would have called for applications and the deadline has expired without anything being done. It is simple contempt of parliament because this was under oath," said Mugabe in a telephone interview.

According to BAZ sources, it would be impossible for the broadcasting authority to invite new players before the BAS was amended to allow the entrance of community radio and television stations, among other things.

In December 2004, BAZ invited applicants for the provision of 15 national commercial free-to-air radio broadcasting licences. Parliamentary documents obtained by The Financial Gazette indicate that the applications received by BAZ were for a national commercial free-to-air radio service, a national commercial free-to-air television service and local commercial free-to-air radio broadcasting services for Harare and Bulawayo.

Of the five applicants, four — Matopos FM, Media Integration (Private) Limited, Voxmedia Productions (Private) Limited and Radio Dialogue — were disqualified.

Only MBAC Television (Private) Limited was shortlisted but also failed to make the grade allegedly due to lack of proof of adequate funding to undertake the project, dependence on private placement, reliance on an "unguaranteed" window through the Homelink facility and an unspecified outstanding debt owed to the then ZBC since 1998.

BAZ chairman Pikirayi Deketeke alleged Mandigora was put under immense pressure, hence the July deadline.

"It becomes difficult if we are to call for applications when we know those eager to apply fail to meet the criteria and requirements," said Deketeke. "We have made recommendations for the amendment of the (BAS) Act but we have not had any input from the ministry."

The issue of foreign funding and setting up infrastructure is understood to be scuttling efforts by independent players to successfully apply for licences. BAS bars foreign funding and no company is allowed to own transmitting infrastructure except Transmedia which prospective broadcasting players allege has no capacity to provide the service.

BAZ has recommended to the ministry the introduction of a second signal carrier. The BAS permits a single carrier and the ZBH to own transmitters.

Deketeke added: "The amendment we have recommended to the ministry will assist in allowing new players. As things stand it is difficult to accuse the BAZ of being in contempt of parliament or the Portfolio Committee on Trans-port and Communications."

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