ZBC Broadcast monopoly case delayed by government tactics

By Tererai Karimakwenda
05 October, 2007

The Supreme Court on Thursday decided to delay hearing a case against the broadcast monopoly held by the Zimbabwe Broadcasting Corporation after government challenged the suitability of the lawyer representing the company that brought the challenge.

Information and Publicity Minister Sikhanyiso Ndlovu made a chamber application at the Supreme Court which claimed lawyer Terrence Hussein should not represent Manala Limited, a company owned by Ndabenhle Mabhena, because there was a conflict of interest in that Hussein also helped to craft the Broadcast services Act which is at the centre of the case. He also argued that if Hussein is allowed to represent Mabhena, it would seriously harm the relationships between lawyers and their clients, in that confidential information will come second to the economic interests of lawyers.

ZBC holds both broadcasting frequencies in Zimbabwe and is using only one. This has made it impossible for other players to enter the field. Mabhena also contends that ZBC is now a private limited company and it is therefore not justified for it to collect license fees from the public. He argues that collecting fees is a ploy to fund the ZBC monopoly.

The Supreme Court ruled Ndlovu’s application should be made in the form of a court application, and deferred hearing the case until this has been dealt with. This move by government has been criticised as a delay tactic.

In response, the Ministry of Information argues that their retention of frequencies is not unconstitutional because they are providing a public service, and Mabhena should wait for government to invite applicants for other frequencies as they become available.

Hussein told the court that he strongly opposed the application by the minister because it was raising serious issues of ethics. Hussein said: "This is not a proper forum to raise issues of ethics. The minister should have raised the matter with the Law Society of Zimbabwe.” The Society regulates the conduct of lawyers in Zimbabwe.

Some sections of the Act were later invalidated by the Supreme court after Capital Radio brought a constitutional challenge in 2003 after being denied a license to operate by the Broadcast Association of Zimbabwe. This should have removed the ZBC monopoly, but this was not the case.