(MISA/IFEX) – Two local businessmen have filed an application in the Zimbabwe Supreme Court challenging the country’s Broadcasting Act, which gives the Zimbabwe Broadcasting Corporation (ZBC) a monopoly. Media consultant Michael Auret Jnr and broadcaster Gerry Jackson, who plan to invest US$45 million in an independent broadcasting station, are challenging Section 27 of the Broadcasting […]
(MISA/IFEX) – Two local businessmen have filed an application in the Zimbabwe Supreme Court challenging the country’s Broadcasting Act, which gives the Zimbabwe Broadcasting Corporation (ZBC) a monopoly.
Media consultant Michael Auret Jnr and broadcaster Gerry Jackson, who plan to invest US$45 million in an independent broadcasting station, are challenging Section 27 of the Broadcasting Act which does not allow anyone other than the ZBC to operate a radio station in the country.
In an affidavit filed with the Supreme Court, Minister of Posts and Telecommunications Chehamo Chimutengwende and Attorney General Patrick Chinamasa have been cited as first and second respondents and intervenor, respectively.
The two businessmen, who are being represented by Antony Brooks of Honey and Blackenberg, want to be granted a licence to operate a radio station on any FM frequency because “the ZBC had failed to perform its duty as a public broadcaster”. They argue that Section 27 of the Broadcasting Act is unconstitutional and infringes on the public’s right to receive and impart information as well as the right to free expression.
This is the second legal challenge to the Broadcasting Act. In February 2000, Munhumutape African Broadcasting Corporation (MABC) Television (Pty Ltd), an independent broadcasting company, filed papers in the High Court challenging both Sections 27 and 28 of the Act.
In terms of Section 27 of the Act, no person other than the ZBC can operate a broadcasting service in Zimbabwe.