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Community Radio Harare files a High Court application as it battles
for a broadcasting licence
MISA-Zimbabwe
April 08, 2011
Community Radio
Harare (CORAH) on April 4 2011 filed an application with the
High Court seeking a relief to have its broadcasting licence application
considered by the Broadcasting Authority of Zimbabwe (BAZ) as well
as an order compelling the regulatory board to call for broadcasting
licence applications.
The respondents
in this matter are BAZ and the Minister of Information and Publicity,
Webster Shamu, in his official capacity as the minister responsible
for the conduct of BAZ.
In the application,
CORAH notes that it wrote to BAZ on September 28 2010, applying
for a community radio broadcasting licence as well as notifying
the authority of their state of readiness to broadcast once a licence
is issued to them. The application was subsequently declined on
January 24 2011 on the grounds that there had been no call for licences
as provided for under section 10 of the BSA (Broadcasting
Services Act), which states that applications can only be received
and processed after BAZ has made an invitation for such applications.
CORAH contends that it has not been possible to apply for a licence
since BAZ has not called for broadcasting licence applications since
2004 and that the authority's failure to call and issue licences
"...is on its own an illegality and must be justified."
CORAH further contends that BAZ has a duty to enable eligible applicants
to apply for and obtain radio licences and that as an aspiring broadcaster;
they have a legitimate expectation to be provided a fair and reasonable
opportunity to apply and be granted a licence.
CORAH is also
demanding that BAZ be compelled to make a call for licences twice
annually.
The application
was made by a member of MISA Zimbabwe's Media Lawyers Network,
Wellington Pasipanodya, with the support of the Zimbabwe Lawyers
for Human Rights. All the respondents are yet to file their response.
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