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Globecast Satellite acquitted
MISA-Zimbabwe
August 18, 2008

Harare Magistrate Archie Wochiunga on 18 August 2008 acquitted South African Company, Globecast Satellite which was facing charges of violating Zimbabwe's Broadcasting Services Act (BSA).

Magistrate Wochiunga acquitted the company after an application for discharge at the close of the state case by defence counsel Beatrice Mtetwa. Globecast Satellite 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

Wochiunga agreed with Mtetwa that the evidence which had been led by the state was so manifestly unreliable to the extent that no reasonable court would rely on it.

He also disagreed with the state which had submitted in its response to the application that the offence was a strict liability offence. A strict liability offence arises when one does something prohibited by the law even if that person had no intention to commit the offence. Wochiunga said the penalty provided for this offence did not warrant that it be deemed as a strict liability offence.

The magistrate said after going through the exhibits which were tendered in court, he was satisfied that the lack of intention to commit an offence on the part of Globecast was apparent.

"I am satisfied that the state has failed to show a prima facie case against the accused person and therefore I find the accused not guilty," said Wochiunga.

Soon after delivering his verdict, state counsel Florence Ziyambi notified the court of the state's intention to appeal against the magistrate's decision.

MISA-Zimbabwe welcomes the decision and would have hoped that the magistrate's ruling would have put the matter to rest. Unfortunately as has become almost predictable of state prosecutions, the state will waste valuable time and resources pursuing a matter they are unlikely to win.

MISA-Zimbabwe insists on the need to repeal laws such as the Broadcasting Services Act and come up with purely democratic laws which will allow for the proper establishment of a three tier broadcasting system allowing for public, commercial and community broadcasting as envisaged under the African Charter on Broadcasting.

Background

In her submissions, Mtetwa told the court that the witnesses brought before the court were largely irrelevant as they had not dealt with the issue of the contract. She added that each of the seven witnesses had given conflicting evidence resulting in seven different versions of the case against the company.

It was Mtetwa's submissions that the former Chief Executive Officer of Transmedia Alfred Mandere, who is the most crucial player in the transaction did not testify in the matter despite having negotiated in the contract.

State prosecutor Florence Ziyambi, however, opposed the application arguing that the accused company had facilitated an interview with the Minister of Information and Publicity Dr Sikhanyiso Ndlovu with CNN which in this case was not an accredited entity.

This came against the backdrop of the acquittal of two Globecast Satellite employees, Moses Maseko and Ishmael Gaibee who brought the outside broadcasting van and operated a satellite uplink. The two were being charged for practicing journalism without accreditation but were acquitted in April 2008.

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