Muvi TV, Komboni Radio challenge IBA ban
Published On August 26, 2016 » 1638 Views» By Davies M.M Chanda » Latest News
 0 stars
Register to vote!

By PERPETUAL SICHIKWENKWE –
MUVI TV Limited and Kombani Radio Limited have challenged the decision of the Independent Broadcasting Authority (IBA) to suspend their broadcasting licences for alleged professional misconduct.
They have since asked the court to compel IBA to reopen the stations, saying they will suffer irreparable damages.
The stations have also sought an injunction to compel IBA and Zambia Information Communication and Technology Authority (ZICTA) or its agents to remove police officers at the premises and allow them free access to their business premises.
They further want the release of all the stations’ broadcasting equipment seized by the respondents pending the determination of the matter.
The television station which has sued IBA and ZICTA argues that the IBA board erred in law and fact when it suspended it’s licences without first affording them an opportunity to be heard as required by the mandatory provisions. Of section 29 (7) of the IBA (Amendment) Act number 26 of 2010.
They alleged that the board erred in law and fact when it decided to suspend their licences without following procedure stipulated in section 29 (2) of the IBA Act.
The section obligates the authority to notify the licensee of the measures to be taken to comply with the Act of the conditions of the broadcasting licence.
They argued that the authority erred in law and fact when suspending the appellants’ broadcasting licence before affording them time within which to comply with the Act if there was a breach.
Further, that the board erred in law and fact when it suspended the appellant s broadcasting services based on the provisions of section 29 (1) (I) without giving sufficient particulars of specific incidents of alleged unprofessional conduct or specific details of how public safety, security or peace was threatened by the appellants broadcasts.
Muvi TV director of administration Alfred Tembo contends in his affidavit in support of exparte summons for an order of mandatory injunction that‎ on September 23, 2013 Muvi TV was granted a broadcasting licence by the Ministry of information and broadcasting services for a term of five years which is to expire on September 22, 2018.
From the day of issuance of the licence Muvi TV has been in the business of broadcasting and has conducted itself in a professional manner and In accordance with provisions of the law. They said on August 22, 2016, IBA issued a press statement to the public in which it announced the suspension of its licence together with that of Komboni and Itezhi Tezhi radio stations on allegations that it had conducted itself in unprofessional manner.
It was surprised to see a combined team of officers from the Zambia Police Service and ZICTA surround the television premises and demanded thatthey surrender the broadcasting transmitter and other documents.
The officers swung into action to switch the board sting equipment and dismantled the broadcasting transmitter which was seized and taken away.
The Zambia police remained at the premises and arrested 14 employees who were left to look after the property and were charged with criminal trespass and were detained in police cells. It said that the decision to suspend the broadcasting licence was made in bad faith and is an assault to the media and that there is no doubt that the decision was politically motivated.

Share this post
Tags

About The Author