BAZ Returns To Court, Kwese TV Maybe Be Stopped Again

This week, the Broadcasting Authority of Zimbabwe (BAZ) approached the High Court again seeking to stop Kwese TV from broadcasting again. Last week, the High Court ruled in favor of Kwese TV and the satellite entertainment service was allowed to resume operations after they had suspended selling Kwese TV for 2 weeks.

Kwese TV had suspended operations because the Broadcasting Authority of Zimbabwe had filed an appeal at the Supreme Court contesting the High Court decision that was made to allow Kwese TV to broadcast after BAZ CEO had cancelled their licence. According to legal experts, the moment BAZ filed that appeal at the Supreme Court, the judgement that was originally passed by the High Court to allow Kwese TV to broadcast was no longer valid.

So that’s why Kwese TV had suspended operations for 2 weeks. Now last week, Kwese TV was given permission to operate for the second time by the High Court while the matter is being resolved following the appeal by BAZ at the Supreme Court.

Obert Muganyura, the BAZ CEO, has again approached the High Court to challenge their decision. According to Newsday, he argued that Kwese TV had been allowed to operate illegally and that Justice Hungwe had no jurisdiction to entertain the business dispute. So the Broadcasting Authority of Zimbabwe is seeking leave to appeal to the Supreme Court again.

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“The legal provision makes it clear and the Administrative Court itself has no power to authorise the respondent (Dr Dish) to carry on broadcasting services. That power rests with the first applicant herein (BAZ). It was, therefore completely irregular for the High Court to have assumed jurisdiction and to have proceeded to authorise the respondent to operate without a licence,” – Obert Muganyura in his application

According to Munganyura, “The applicants (Muganyura and BAZ) maintain the position that they acted in accordance with the law and cancelled the licence.” He also claims that Justice Hungwe, in his earlier judgement in favour of Dr Dish that resulted in Kwese TV resuming operation, had confirmed that the Dr Dish was operating illegally and had gone against some sections of the conditions of the licence. Muganyura also said the following.

“In addition, the honourable court on page three of this judgment, states that the first applicant can be compensated if the respondent is operating outside the law by raising a fine. With respect, this amounts to the court sanctioning an illegality. Once there is a possibility that the respondent is contravening the law, it follows that the appeal noted in case number SC677/17 has prospects of success and, therefore, an application for leave to execute the judgment of the High Court pending appeal must not have been granted.” – Obert Muganyura in his application

Essentially, Muganyura is arguing that Justice Hungwe missed the point in the recent judgement from the High Court that ruled that Muganyura’s decision to cancel Dr Dish’s licence was illegal since he (Muganyura) had no authority to make the decision without the approval of the BAZ.

He says the judge missed the point because he does have the necessary powers to act and cancel the licence of Dr Dish. According to him, people who are buying Kwese TV decoders and subscribing to it will not be compensated if Kwese TV suspends operations again. The matter is still yet to be set down for a hearing in the courts.

In the notice that Dr Dish filed at the High Court when they were suspended, they argued that BAZ is trying to frustrate Kwese TV. That is now seeming to be true each day.

Essentially Kwese TV may be stopped, for the third time, if BAZ is given permission to go and file an appeal at the Supreme Court.

Broadcasting Authority of ZimbabweKwese TVSupreme Court

The Broadcasting Authority of Zimbabwe (BAZ) is the regulatory authority for broadcasting in Zimbabwe. BAZ was established through an Act of Parliament in 2001 providing for the functions, powers and duties of the authority. BAZ falls under the Minister of Media, Information and Publicity. BAZ... Read More About Broadcasting Authority of Zimbabwe

Kwese TV is a Zimbabwean satellite and broadcasting network owned by Econet Wireless Zimbabwe, under Econet Media. On 23 August 2017, Econet Media announced that Kwese TV was now available in Zimbabwe and that decoders were available at Econet Shops. However, that very same day... Read More About Kwese TV

The Supreme Court of Zimbabwe is the highest court in all matters in Zimbabwe, which are not constitutional in nature. It is the court of last resort and the highest court of appeal in Zimbabwe. Its operations are governed by the Constitution and the Supreme... Read More About Supreme Court

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11 Comments

  1. anonymous says:

    tenacious bastards

  2. Thm says:

    Kasi kuBAZ hakuna rimwe basa ririkuda kuitwa? Pane kuswero gara kucourt suing vanhu varikukupai mari on top of it.

  3. Captain Obvious says:

    It’s situations like this that a police clearance must be requested so that a PEACEFUL demonstration is organized against the BAZ CEO at their HQ. This I could actually attend

  4. Samuel Tapiwa Masuka says:

    How does a judge not have power to reverse an unfair ruling

    1. NUTTYDREADLOCK says:

      im also shocked coz ndo milita justice ka iyi

  5. Anonymous says:

    Enemies of progress nxaah!

  6. NUTTYDREADLOCK says:

    unoziya these okes are kust pathetic varikurwadziwa nei chaizvo you want to subject people to horrific tv zbc pane zvimwe just l8ke wat happenedto strive wen econet began in zim its sll ant putting people down and destroying their ambitions over mete political crap zbc was given 30 years and they aint got shit now someone wants to offer a service hoyo vatanga just like zbc imagine kuti a zim station is all9wed in nigeria asi kumba ma 1 and theyvare just offeringthe same service as dstv asi they are demonised you are hypocritical you talk of creating jobs kwese offers that now some authority bcz it feels threatened plays dirty typical of zim undermining development and yet singi g indegenization BAZ MUNONYADZISA

  7. phidza says:

    Zimba bosses for nothing munhumutema kutadza kuyemura nekukurudzira weropa atisimudzira taneta ne dstv isu Nigerians fake bba results

  8. chimdhara says:

    Ask those guys at BAZ kuti why vakatadza kuita zvaitwa nekwese…ask them why they don’t want kwese…they will give u stupid reasons like toda local content…which local content..we the people do not want ZBC…OK I will speak for myself ..I won’t watch ZBC…I will buy CDs.. Its a shame really.. Anything that seems privatised is a thorn to their back.they want in on the money.wanzwa panga pakutaurwa zvemafine …hayas…pathetically low these guys…

  9. Anonymous says:

    baz and all those who are supporting them are acting like children,trying to show their power on trivial things

  10. Sagitarr says:

    Zanu (RF) appoints idiots that’s why the country and everything in it is now kak. Kak from top to bottom. The devil’s advocates writ large. Evil and cruel to the core. I don’t know what those who support these satanists hope to achieve for the country.

Comments are closed.