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South African company charged with illegal importation of broadcasting equipment - MISA-Zimbabwe
MISA-Zimbabwe
July 17, 2008

South African company, Globecast Satellite, whose two employees were acquitted of practicing journalism without accreditation in April 2008 by a Harare magistrate is now being charged with illegal importation of broadcasting equipment in violation of the Broadcasting Services Act (BSA).

At the commencement of the trial on 15 July 2008, Globecast Satellite which is being represented by Thabani Mpofu, pleaded not guilty to charges of contravening Section 7 (1) as read with Section 7 (4) and 7 (5) of BSA which outlaws the provision of broadcasting services or operating a signal carrier without a licence.

Magistrate Archie Wochiunga first heard evidence from Cloud Nyamundanda who is the acting Chief Executive Officer of Transmedia Corporation. Nyamundanda's told the court that the Corporation invited Globecast to provide a satellite 'uplink' during the 29 March 2008 elections. In terms of a contract signed between Transmedia and Globecast which was tendered in court as the first exhibit, the contract would run from 25 March 2008 to 6 April 2008.

It was also Nyamundanda's evidence that Transmedia would apply for the operating licence from the Broadcasting Authority of Zimbabwe (BAZ).

He told the court that Transmedia had liaised with its parent Ministry of Information and Publicity which had approved Globecast's invitation resulting in the Ministry issuing a letter of invitation to Globecast which was produced in court as the second exhibit.

It was Nyamundanda's evidence that in preparation for the arrival of Globecast he had telephoned BAZ requesting for an invoice for a licence for the satellite uplink for two days beginning 28 -29 March 2008. He told the court that he received the invoice late on 27 March 2008 with a request for the payment of US$3,200.

Nyamundanda testified that two Globecast engineers arrived in Harare on 27 March 2008 and subsequently interviewed the Minister of Information and Publicity Dr Sikhanyiso Ndlovu which was also beamed by CNN without the corporation's knowledge in violation of the terms of the contract.

Cross-examined by defence lawyer Beatrice Mtetwa on 16 July 2008, Nyamundanda insisted that Globecast was in breach of the contract as they had proceeded to provide the satellite uplink in the absence of an engineer from Transmedia, a contention which Mtetwa insisted was not in the contract.

Mtetwa took issue with the unilateral variation of the terms of the contract by Transmedia which applied for a two- day licence despite having invited Globecast for the period of 25 March - 6 April 2008. She argued that the variation was not communicated to Globecast and that in any event it did not make any business sense for Globecast to have invested so heavily for a two- day business venture.

On further grilling by Mtetwa, Nyamundanda failed to explain how Globecast would have known that they were not supposed to commence transmission services before 28 March 2008 when that had not been communicated to them.

The state also led evidence from Obert Muganyura the Chief Executive Officer of the BAZ who testified that it was their duty as the regulatory authority to issue licences to service providers,

Muganyura told the court that it was Transmedia and not Globecast, which should have applied for the licence from BAZ.

The trial is expected to continue on 22 July 2008 when more witnesses including the Minister of Information and Publicity Sikhanyiso Ndlovu are expected to give evidence.

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