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KWESE SAGA BACK IN COURT

KWESE SAGA BACK IN COURT

KWESE SAGA BACK IN COURT | The Broadcasting Authority of Zimbabwe (BAZ) is challenging a High Court decision to allow Kwese TV to broadcast in Zimbabwe.

KWESE SAGA BACK IN COURT

BAZ has since gone to the Supreme Court. High Court judge Justice Charles Hungwe last week allowed Econet Zimbabwe to provide the service pending confirmation of the provisional order.

He set aside an earlier decision by BAZ cancelling the content distribution licence awarded to Econet Media’s partner Dr Dish (Pvt) Ltd. In the notice of appeal, the lawyers argued that the High Court had no jurisdiction to preside over the case.

“The High Court erred in not finding that its jurisdiction to deal with the application arising from the suspension or cancellation of a licence was ousted by Section 43(1) (e) of the Broadcasting Act,” the lawyers argued.

BAZ also believes that the court erred in finding urgency in a matter that was far from being urgent.

The broadcasting authority contends that the High Court decision allowing Econet Media to operate without a proper amendment of Dr Dish’s licence was improper. The High Court, BAZ argued, grossly erred in failing to find that Dr Dish had a more efficacious alternative remedy provided in terms of Section 43 of the Broadcasting Act.

To that end, BAZ seeks an order quashing the High Court decision, with costs.

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