Advocate Thembinkosi Magwaliba representing CORAH, argued that BAZ had a positive duty to call for applications for broadcasting licences. He noted that BAZ has been in existence since the promulgation of the Broadcasting Services Act (BSA) in 2001, but has not called for any licences for community broadcasters to date.
Magwaliba further argued that the only limitations to BAZ’s duty to license broadcasters were those related to frequency spectrum allocation and meeting conditions specified in the Act. He said the applicant, CORAH, had the right to freedom of expression, which right includes the right to receive and impart information.
Magwaliba submitted that by failing to call for applications for community broadcasting licences, BAZ was limiting the exercise of the right to impart information.He also highlighted the fact that no community radio has been licenced since 2001 in Harare nor anywhere else in the country which therefore meant that the frequency spectrum was available.
However, Advocate Lewis Uriri representing BAZ, contended that the application by CORAH was neither predicated on the breach of the right to freedom of expression nor did it challenge the constitutionality of Section 8 of BSA, but was based on the premise that the applicant had been unlawfully hindered from broadcasting or acquiring a licence to broadcast.
Uriri said CORAH had no locus standi in judicio (legal basis), noting that according to the BSA a community broadcasting licence could only be issued to a corporate body. He said COAH, which is registered as a Trust, is not a corporate body and did not therefore qualify to be issued with a licence.
He said BAZ’s broadcasting priority plan did not provide for the licensing of a community radio in Harare and CORAH could not therefore be issued with a licence.
However, Magwaliba disagreed arguing that the priority plan in question was not cast in law, but a mere administrative and management tool designed in furtherance of the law and was amendable.
Justice Mathonsi reserved his ruling sine die (indefinitely).
Post published in: News