Zimbabwe: Losing Zim radio hopeful drops challenge

KISS-FM, one of the losing applicants for commercial broadcasting licensing in Zimbabwe, has withdrawn its court appeal to set aside a regulator’s decision to award licences to companies linked with President Robert Mugabe’s party, writes a Jocoza correspondent.

The sudden withdrawal of the appeal at the Administrative Court came as a surprise  just two months after Kiss FM had lodged its bid citing violations by the Broadcasting Authority of Zimbabwe (BAZ) during its adjudication.

In announcing the decision to withdraw its appeal, KISS FM spokesperson, Sharon Mugabe said the company was eyeing opportunities likly to open up as a result of changes in technology.

"The media landscape, globally, has drastically changed, particularly with the migration of airwaves from the analogue to the digital platform. These advances have seen the seamless delivery of media across channels, creating new opportunities to participants and for channels of media previously excluded.

“With these changes imminent in Zimbabwe, KISS-FM has made a calculated decision to withdraw its appeal, and instead to position itself to re-launch in anticipation of these developments in Zimbabwe," said KISS FM spokesperson, Sharon Mugabe, in defence of the court appeal withdrawal.

 She denied that they had plagiarised an SABC document which they allegedly had used to design a structure.

 In their appeal, KISS FM wanted the Administrative Court to BAZ set aside the awards to both AB Communications and Zimpapers.

 "KISS-FM is convinced that, amongst other factors, the Authority failed to take into account a number of material considerations which led to their decision to deny KISS-FM a radio licence.

 "The decision will be challenged on the grounds, among others, that the Authority had erred and misdirected itself in failing to take into account or in giving insufficient weight to a number of material considerations or in giving weight or excessive weight to considerations which were immaterial.

“KISS-FM sees the licensing matter as one of public and national interest, and is encouraged by the ongoing conversation in the public domain,’ read part of its appeal.

KISS-FM was challenging BAZ's decision to turn down its application for a broadcasting licence and award commercial radio licences to Zimpapers and AB Communications.

Zimpapers is the publishing house run under the Mass Media Trust, controlled by President Robert Mugabe.

The publishing group runs nine titles, including the flagship daily – The Herald.

 AB Communications is led by former broadcaster Supa Mandiwanzira who has expressed interest in representing Mugabe’s Zanu PF party in future elections.

 KISS FM and Voxx Media were among the 10 applicants who failed to get the first ever licences for private broadcasting in Zimbabwe which were up for grabs in November 2011.

BAZ's own credibillity has been in doubt since its board was constituted against the agreement in the Global Political Agreement (GPA) which stated the involvement of all the three party signatories in the selection of the board.

The withdrawal by KISS FM leaves Voxx Media as the only challenger to BAZ in the awarding of licences. The company operates Radio Vop, which said in its notice of appeal filed at the Administrative Court by their lawyers - Zimbabwe Lawyers for Human Rights (ZLHR) – argue that the BAZ board breached the rules of natural justice by not disclosing the type of scoring process and related criterion employed in evaluating prospective broadcasters.

“The respondent (BAZ) committed a gross irregularity by failing to give substantive reasons for its refusal to grant the applicant (VOX Media) a free to air national commercial radio licence. The respondent committed a very grave error by attaching undue relevance to the fact that there is difference in the names of the current trustees and those on the trust deed, as this is governed by the deed of trust itself,” it said.

February 08, 2012 by Jocoza

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Source: journalism.co.za/losing-zim-radio-hopeful-drops-challenge.html (Accessed: 08.02.2012)