New Zimbabwe.com

Kwese TV ‘must go on air’, High Court rules 

ECONET MEDIA’s Kwese TV must operate in the country until the Supreme Court rules, High Court Judge Justice Charles Hungwe ruled Friday following an appeal by the Broadcasting Authority of Zimbabwe (BAZ).
Justice Hungwe also ruled that BAZ must pay the costs after it (BAZ) had filed appeal with the Supreme Court to contest the earlier ruling by the High Court that Dr Dish had a valid license.
Kwese TV entered the Zimbabwe market through an Econet Media partnership with a company called Dr Dish in 2016 to distribute its content.
The judge also said it was clear that the applicant (Dr Dish) had so much to lose if prohibited from carrying on with their operations in the interim, as it has extended large amounts of money and entered into contractual agreements with other persons in the expectations of being granted the necessary license.
In his ruling, Justice Hungwe said BAZ will lose nothing if the applicant (Dr Dish) is allowed provide the service.
“As the regulatory authority its mandate is to ensure that applicants for the broadcasting license are duly granted such licenses on good cause shown,” said Hungwe.
“As such, in my view, the preponderance of equities favour the applicant as the holder of the license duly granted to it.”
He added, “If there are some contraventions of the conditions of the license, in my view, that does not entitle second respondent (BAZ CEO, Obert Muganyura) to cancel the license as he has no such powers.”
“I am satisfied that the applicant has satisfied the requirements for the grant of leave to proceed with its operations as set out in the order of this court.”
Last month, the government, through BAZ, ‘banned’ the new pay per view broadcaster Kwese TV after it announced to locals that it was available in Zimbabwe.
Kwese TV was launched two years ago and is owned by Strive Masiyiwa’s Econet Media and has already launched in some African countries.
 
 
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