by Gugu Ziyaphapha
Harare will not permit foreigners to own broadcasting stations but will before the end of the year invite locals to apply for broadcasting licenses, Gugu Ziyaphapha reports.
Information Minister Sikhanyiso Ndlovu says: "On the issue of ownership we cannot compromise,
“Why should a foreigner want to own a voice in Zimbabwe? The government policy on broadcasting seeks to achieve strategic goals. We seek to expose those we perceive as adversaries and win over those we see as useful allies. Broadcasting seeks to build national cohesion, consensus and defence, especially this time when the country's sovereignty is being challenged by our erstwhile colonisers."
Government says it is also working on relaxing the stringent Broadcasting Services Act (BSA) which in the past has made it difficult for previous applicants to be licensed.
Prospective broadcasters and the state regulating board the Broadcasting Authority of Zimbabwe (BAZ) have attacked the broadcasting laws that were passed in 2003 saying they still protect the monopoly enjoyed by the Zimbabwe Broadcasting Holdings(ZBH).
They argue that by disallowing foreign funding to local media companies it makes it extremely difficult for new players to come on air because the broadcasting industry requires heavy foreign currency investments which the country does not have, but the ruling Zanu PF government says it will not allow foreigners to own the media because there are hostile towards President Robert Mugabe’s administration.
Ndlovu told the Parliamentary Portfolio Committee on Transport and Communications that his ministry is consulting with office of the Attorney-General and other stakeholders on amending the BSA.
"According to the BAZ, the main reason why applicants fail is the requirement for them to declare their source of funds in view of the fact that the majority of shareholders should be Zimbabweans and this is also in line with the Indigenization and Empowerment Bill." said Ndlovu.
The committee also said ZBH should not demand radio and TV licence fees from the public because the broadcaster is registered under the Companies Act as a private limited company.
The committee said members of the public should not be made to fund a private company which the state broadcaster had now become by privatization.
Zanu-PF MP, Leo Mugabe who chairs the committee said ZBH’s collection of the compulsory viewers and listeners licence fees from the public can be legally challenged.
He said any other private company can go to court and successfully demand to be authorised to provide the same service as ZBH.
The lawmakers said they would deal with the issue of licence collection at a later date to be announced.
Meanwhile, Former President Mugabe’s and government Lawyer Terrence Hussein has labeled Presidential Spokesman, George Charamba a "liar"
Hussein also said that Charamba has a “..Propensity for singing hopelessly out of tune for his supper."
The Lawyer has also threatened to sue Charamba for defamation if he does not substantiate claims he made in his answering affidavit in a case challenging government in constitutional matter against the BSA.
Charamba, who also doubles as the Information Ministry’s Permanent Secretary, claimed in the affidavit that Hussein had helped craft the BSA and should, therefore, barred from representing the applicants who are challenging the constitutionality of some sections of the Act.
The President’s Spokesman says if Hussein was allowed to represent the applicants, this would seriously harm not only the minister but also the relationships between lawyers and their clients as the protection of clients' confidential information would play second fiddle to the economic interests of legal practitioners.
Charamba’s affidavit reads: "It is surprising that Hussein, for reasons best known to him(self), has decided to exploit the information given to him in confidence and such a thing should not be allowed as it gives rise to a conflict of interests of a serious nature,".
"Indeed, there is a serious conflict of interest in this matter and Hussein and his practice should recuse themselves, failure of which this matter should be dismissed," said Charamba.
Hussein who dismisses Charamba's claims as false and gravely defamatory has since wrote to the Attorney General’s office (who represent Charamba) demanding evidence within five days, on the claims made by Charamba.
In his letter to the Attorney Genera, Hussein demands that Charamba provides, "a copy of the retainer agreement for services between Mr Hussein and second and fourth respondents (Information Minister and the Broadcasting Authority of Zimbabwe); a list of court matters with citations of the cases it is alleged Mr Hussein acted for second and fourth respondents; the exact particulars of the confidential information……unless they are fully substantiated, we will institute a damages claim," reads the letter.
The latest incident was sparked by the constitutional case in which Hussein is representing Ndabenhle Mabhena and his company, Manala (Pvt) Ltd, in the Supreme Court case in which the applicants are challenging the Information Ministry, ZBH, the BAZ and Transmedia (signals carrier).
Manala (Pvt) Ltd. wants the court to declare that Section 38 of the BSA is inconsistent with Section 20 of the country’s Constitution.
Section 38 states that all frequencies allocated by BAZ and Transmedia are exclusively for ZBH’s use.
ZBH owns the only two VHF (Very High Frequency) television channels.
There are also three other available television channels known as UHF (Ultra High Frequency) meaning that when another broadcaster wants to start a television station they would have to set up a UHF transmission systems parallel to the VHF one held by ZBH.
The Applicants argue that the should be given the other VHF channel because UHF is not an option considering the huge foreign currency involved to set it up while ZBH is using only one of the two VHF channels.
In response, the government says the other VHF channel is reserved for National Television which the applicants argue has not taken off the ground since 2004.
The Information Ministry is arguing that the custody of frequencies by ZBH was not unconstitutional because ZBH is providing a public service.
The applicants want the state broadcaster’s monopoly removed because ZBH is now a private limited company which they argue should not be allowed to collect licence fees from the public.
Hussein represented President Mugabe when his 2002 presidential election victory was challenged by the opposition MDC leader Morgan Tsvangirai who claimed the election was rigged.
The lawyer also represented a number of Zanu PF legislators whose victories were later challenged in the High Court by the MDC.
Information Minister Sikhanyiso Ndlovu says: "On the issue of ownership we cannot compromise,
“Why should a foreigner want to own a voice in Zimbabwe? The government policy on broadcasting seeks to achieve strategic goals. We seek to expose those we perceive as adversaries and win over those we see as useful allies. Broadcasting seeks to build national cohesion, consensus and defence, especially this time when the country's sovereignty is being challenged by our erstwhile colonisers."
Government says it is also working on relaxing the stringent Broadcasting Services Act (BSA) which in the past has made it difficult for previous applicants to be licensed.
Prospective broadcasters and the state regulating board the Broadcasting Authority of Zimbabwe (BAZ) have attacked the broadcasting laws that were passed in 2003 saying they still protect the monopoly enjoyed by the Zimbabwe Broadcasting Holdings(ZBH).
They argue that by disallowing foreign funding to local media companies it makes it extremely difficult for new players to come on air because the broadcasting industry requires heavy foreign currency investments which the country does not have, but the ruling Zanu PF government says it will not allow foreigners to own the media because there are hostile towards President Robert Mugabe’s administration.
Ndlovu told the Parliamentary Portfolio Committee on Transport and Communications that his ministry is consulting with office of the Attorney-General and other stakeholders on amending the BSA.
"According to the BAZ, the main reason why applicants fail is the requirement for them to declare their source of funds in view of the fact that the majority of shareholders should be Zimbabweans and this is also in line with the Indigenization and Empowerment Bill." said Ndlovu.
The committee also said ZBH should not demand radio and TV licence fees from the public because the broadcaster is registered under the Companies Act as a private limited company.
The committee said members of the public should not be made to fund a private company which the state broadcaster had now become by privatization.
Zanu-PF MP, Leo Mugabe who chairs the committee said ZBH’s collection of the compulsory viewers and listeners licence fees from the public can be legally challenged.
He said any other private company can go to court and successfully demand to be authorised to provide the same service as ZBH.
The lawmakers said they would deal with the issue of licence collection at a later date to be announced.
Meanwhile, Former President Mugabe’s and government Lawyer Terrence Hussein has labeled Presidential Spokesman, George Charamba a "liar"
Hussein also said that Charamba has a “..Propensity for singing hopelessly out of tune for his supper."
The Lawyer has also threatened to sue Charamba for defamation if he does not substantiate claims he made in his answering affidavit in a case challenging government in constitutional matter against the BSA.
Charamba, who also doubles as the Information Ministry’s Permanent Secretary, claimed in the affidavit that Hussein had helped craft the BSA and should, therefore, barred from representing the applicants who are challenging the constitutionality of some sections of the Act.
The President’s Spokesman says if Hussein was allowed to represent the applicants, this would seriously harm not only the minister but also the relationships between lawyers and their clients as the protection of clients' confidential information would play second fiddle to the economic interests of legal practitioners.
Charamba’s affidavit reads: "It is surprising that Hussein, for reasons best known to him(self), has decided to exploit the information given to him in confidence and such a thing should not be allowed as it gives rise to a conflict of interests of a serious nature,".
"Indeed, there is a serious conflict of interest in this matter and Hussein and his practice should recuse themselves, failure of which this matter should be dismissed," said Charamba.
Hussein who dismisses Charamba's claims as false and gravely defamatory has since wrote to the Attorney General’s office (who represent Charamba) demanding evidence within five days, on the claims made by Charamba.
In his letter to the Attorney Genera, Hussein demands that Charamba provides, "a copy of the retainer agreement for services between Mr Hussein and second and fourth respondents (Information Minister and the Broadcasting Authority of Zimbabwe); a list of court matters with citations of the cases it is alleged Mr Hussein acted for second and fourth respondents; the exact particulars of the confidential information……unless they are fully substantiated, we will institute a damages claim," reads the letter.
The latest incident was sparked by the constitutional case in which Hussein is representing Ndabenhle Mabhena and his company, Manala (Pvt) Ltd, in the Supreme Court case in which the applicants are challenging the Information Ministry, ZBH, the BAZ and Transmedia (signals carrier).
Manala (Pvt) Ltd. wants the court to declare that Section 38 of the BSA is inconsistent with Section 20 of the country’s Constitution.
Section 38 states that all frequencies allocated by BAZ and Transmedia are exclusively for ZBH’s use.
ZBH owns the only two VHF (Very High Frequency) television channels.
There are also three other available television channels known as UHF (Ultra High Frequency) meaning that when another broadcaster wants to start a television station they would have to set up a UHF transmission systems parallel to the VHF one held by ZBH.
The Applicants argue that the should be given the other VHF channel because UHF is not an option considering the huge foreign currency involved to set it up while ZBH is using only one of the two VHF channels.
In response, the government says the other VHF channel is reserved for National Television which the applicants argue has not taken off the ground since 2004.
The Information Ministry is arguing that the custody of frequencies by ZBH was not unconstitutional because ZBH is providing a public service.
The applicants want the state broadcaster’s monopoly removed because ZBH is now a private limited company which they argue should not be allowed to collect licence fees from the public.
Hussein represented President Mugabe when his 2002 presidential election victory was challenged by the opposition MDC leader Morgan Tsvangirai who claimed the election was rigged.
The lawyer also represented a number of Zanu PF legislators whose victories were later challenged in the High Court by the MDC.
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