Court dismisses radio licence application

THE administrative court has dismissed, with costs, an application by Alpha Media Holdings-owned Carryslot Investments challenging the awarding of radio broadcasting licences to Kingstones and Fairtalk Communications.

Alpha Media Holdings, the owners of Newsday, Zimbabwe Independent and The Standard, through Carryslot Investments had sought a nullification of the licences alleging they were issued on partisan grounds.

The company made the application after failing to get a licence to operate commercial radio stations in Harare and Bulawayo which were eventually awarded to Fairtalk Communications and Kingstones.

However, Justice Herbet Mandeya ruled that BAZ acted in compliance with regulations and there was no room for bias or tribalism as alleged by the appellant.

He ruled that there was no way a group of adjudicators could have been biased against Carryslot Investments.

“Each member of the 10 men adjudicating board is assured. . . that in the lawful exercise of adjudicating on winning licences they are not subject to the direction and control of any person or authority,” ruled Justice Mandeya.

The board is a representative of sectors of the Zimbabwean community and, “each member of the board is virtually on the lookout if decisions of the board are not disadvantaging the community they represent,” he added

Justice Mandeya ruled that Carrslot Investments was subjected to an interview process and BAZ gave reasons why it failed.

The court dismissed Carrslot Investment’s allegations that the licences were awarded on the basis of political persuasions and tribal lines.

“Appellant joined the competition for free -to-air licences for both Bulwayo and Harare knowing that only one licence for each of the cities would be awarded to the successful applicant,” ruled Justice Mandeya

“During the public interviews any favouritism on tribal, ethnic or class basis would have been exposed and cause a public outcry. That no such outcry occurred in this case suggests that the interviews were contacted lawfully, reasonably and in a fair manner,” ruled Justice Mandeya.

BAZ last year invited applications for free to air local, commercial radio broadcasting licences.

The process saw at least six licences being issued including that of Zimpapers-owned Diamond FM which is broadcasting in Manicaland.