The statements came after the Supreme Court Judge Elton Singini had
granted a stay order, the station applied for some weeks ago.
Lawyer for Macra, Bernard Ndau told reporters outside the court that the ruling had brought mixed reaction to Macra.
"On our part we are disappointed that the decision to revoke Joy Radio
license has been put on hold but on the other hand we are delighted
over remarks by judge that the stay does not mean that it’s a license
to wrong doing, said Ndau.
He expressed hope that Macra will succeed in judicial review expected to start soon.
He indicated that Macra will study the ruling and strategize on the way
forward but hinted that they would rather focus on the judicial review
scheduled on Monday ,22 December.
"We respect the ruling, it has come from a high learning judge, but we
are disappointed that the ruling means that the radio will be on air up
to the end of judicial review," said Ndau.
Lawyer for Joy Radio Ralph Kasambala was not at the courts as Justice
Singini gave out the ruling in his chambers, which took about thirty
minutes.Â
Soon after the ruling Joy Radio went on air at exactly ten minutes past
two PM with the fist song, Freedom Is coming tomorrow by Sarafina
followed by Gospel music up to exactly 4:15 when its well known
presenters, Blessings Cheleuka and Henry Haukeya went on air to
officially welcome the listeners who they said had been loyal to the
radio.
Privately owned Joy Radio was put off air on 20th November after a High
court judge in commercial city of Blantyre Justice Joseph Manyugwa
lifted an injunction the radio obtained against removal of its License
paving way for Macra to effectively put it to silence.
High Court Judge Joseph Manyungwa lifted the injunction on what he
described as Joy Radio’s failure to disclose all material facts
relating to the case when the station applied for the injunction.Â
However Joy Radio through its lawyer Kasambala on 28 November
presented a 5-ground appeal against a high court ruling, arguing that
"The trial judge erred in holding that the balance of convenience lay
in favour of vacating the injunction…The trial judge erred in law in
holding that the justice of the matter lay in vacating the interim
relief " read part of the grounds.
Giving his ruling on Tuesday Supreme court Judge Elton Singini said
the discharge of the Injunction has the same effect as the decision of
the respondent terminating the applicant’s license in that it has, in
the result, stopped the applicant from operating under the license.
Adding, "That decision of the respondent is very subject of the impending judicial review."
Singini said in the event that the applicant succeeds in the judicial
review matter some harm would have been occasioned to the applicant’s
interest by the interim stoppage of the license.Â
"In my sense of the justice of the matter in these circumstances, I
would rather error on the side of granting the order staying the ruling
of justice Manyungwa pending the appeal of the ruling, and I
accordingly grant the stay order," said Judge Singini.
Justice Singini however sounded a word of caution to Joy Radio that the
order of stay he has granted is not a license for wrong doing in the
period pending determination of either the judicial review proceedings
or the appeal proceedings that are before courts between the two
parties.
"The applicant as a licensee under the Act, is under the legal, indeed
statutory, obligation at all times to comply with the requirements of
Act," cautioned Singini.
Joy radio was granted a license by Macra to conduct broadcasting
services on April 1 2002 joy radio. On March 25, 2007 the radio was
attacked by unidentified persons for broadcasting live meeting
addressed by the former president Dr Bakili Muluzi.
On July 13 2007 the High Court nullified composition of Macra board
after a successful application by joy radio that the board was illegal
and flouted provisions of the communications act.
In a related development on October 29 2007 Macra uprooted transmission
equipment of what would have been a second television station on the
claims that the station did not have appropriate license to allow
ownership of both radio and TV.
On October 17 2008 joy radio stopped broadcasting, after Macra revoked
its license saying the station had violated provisions of the
communications act by transferring its ownership to politicians, claims
joy radio described as baseless.
However the radio resumed broadcasting on October 19 after obtaining an
injunction restarting Macra from revoking its license. But on 20
November, the High Court lifted the injunction and MACRA close the
station following the development.
Political commentators had said that all the moves are being
politically motivated at this time as the country prepares for the next
year’s general elections.