Thursday, March 28, 2024

MUVI TV and Kombani Radio Challenge the ban Decision in Court

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Police officers seal off Komboni Radio premises last night
Police officers seal off Komboni Radio premises last night
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.

32 COMMENTS

    • Out of curiosity, does withdrawing broadcasting license mean seizing the equipment as well as denying access to the legitimate owners of the premises??? Does withdrawing broadcasting license mean that the premises should be surrounded by heavily armed police officers??? Something is seriously wrong with Zambia

  1. Post newspaper, MUVI TV and Kombani Radio workers should tape their mouths and dress in mourning black, in protest of the oppression of the media in Zed.

    • @Uniform What protest when they were instigating violence. They should be closed completely untill UPND comes into power in 2021 or 2026

    • @ kamuzu, it seems IBA flouted the embedded legal procedure and did not cite the ‘culprits’ before rushing to ban these guys in the media.

  2. Surely, the IBA should be made to pay for all the losses, should it lose. But then this is pa Zed, court decisions are selectively respected.

  3. Don’t pretend like you don’t know the reason why for your suspention of broadcasting? The court is not the best way to go about it is to admit the misconduct charge the manager should step down apologys so that the station can ask for the licence back even the manager of BBC did step down last year for unprofessional behaviour, now a lot of people will suffer because of one person who can acknowledge his unprofessional conduct and what if you loose the court case? Whether politicaly motivated or not there is no room for way movi tv was behaving

  4. No sane Zambian should condone this lawness by IBA. As a Regulator IBA should respect the law and follow proper regulatory procedures. IBA’s actions just like ZRA in the case of the Post are politically motivated. IBA has been directed to close Muvi TV and the two Radio Stations so that they dont inform the public of the correct information on the Petetion Hearings. By offering to televise the Petetion Hearings Muvi TV invited the wrath of PF. The public has a right to information which Lungu and his PF want to deny us. We want to know how ECZ and PF stole our votes and our voices. Period.

  5. This is what happens when the CEO AND FOUNDER of any media house develops personal relation with politicians . Please be neutral , and do your work with no emotional preconceived notions attachments..

  6. Once a practicing licence has been suspended it does not mean the properties and premised of that particular company have been forfeited to the state. The case here is straight forward MUVI TV and the two other Radio stations have been stopped broadcasting that all. One should tell me which law now makes the state sole owners of their property and premises? And why send military personnel to and arrest people at their own property which they established using their own resources and are up to date in paying taxes to ZAR. Zambians let’s be careful. Please Mr. President Edgar Chagwa Lungu. These acts are slowly tarnishing your good name. Get a leaf from Mr. Rupiah Banda perhaps the most insulted President we have ever had in Zambia. But he allowed even the most critical papers to…

  7. … u are fuelling tribal hatred. go to southern province and broadcast in tonga with your blood money from ka hh….

  8. only those who were not following muvi tv news can talk against IBA And that is talking from ignorance. ZICTA is NOT so stupid to follow the police blindly NO.

  9. GBM [at one of several press briefings covered by muvi tv only] says: ‘i saw ka edgar from my house, waving in the street riding a ram shackle….. let me tell you me, my children and my grand children have food for the rest of our lives, it is for you [points at journalist with both his hands] that we doing all this…’

    Those who were following muvi tv news would agree with me.

  10. @ jay Jay, yes you are very right, an Agenda is necessary ,but having a personal relationship with a leader or client you are dealing with is different. Which is why lawyers , doctors ,Psychologist ,Psychiatrist are not suppose to have relations with their clients… It blares your judgement…

  11. It’s also important to think of the employees before acting that way.many people earn a living by working for the named media houses and they have families .it’s not long ago when the current government promised more jobs during campaigns but instead it’s closing down companies where people are employed .late Sata was thinking so straight (MHSRIP) in 2013 there was a very big case against zambeef with visible evidence but Sata never allowed the closure of the company but to remove all the suspected products in stock and burnt it so that people should remain in employment .that’s how a leader should think .I will always miss batata ba Sata

    • Closure is not always the solution…Zambeef should have been charged a huge financial penalty instead of donating to PF party coffers.

  12. THEY BELIEVE THEY DID NOTHING WRONG – SO WHEN THEY POP BACK, THEY DO IT WITH A BANG
    ==============================
    Muvi TV’s merit is hereby lost. They seek justice through the courts instead of looking at their mistakes with a critical eye! I see them as a business that besides, striving to intertain, inform and educate, the need to make ends meet. They are a business and so if the public, suppliers and stakeholders begin to see them as a nuisanse, all form of respect and business sense will grind to a halt. I beseech you management of Muvi TV not to antagonise the government and the administrative agencies, IBA and ZICTA. In light of the competitive TV company business enviroment, it helps to sober up, rethink your position and engage IBA/ZICTA through more civil and meaningful…

    • ….courses of action for the benefit of your share and stakeholders. My heart breeds when you begin to be percieved as the enermy of the state through your unethical conduct. If you lose your lawsuit against Government agencies, what next? Before your dirty and underhand deals with the UPND was MUVI TV.
      AND SO IF ADMINISTRATIVE AGENCIES ERRED IN LAW, YOU (MUVI TV) UNDERSTAND IT BETTER THAN THEM! IRONIC!!

  13. A. It’s a conspiracy to tire the electorate using ZNBC’s hypnotic trance inducing boredom.

    B. Ad Revenue Generating through monopoly by the monotonous

    C. A systematic failure by a regulator to read their own rules and regulations in the haste to please a paymaster

  14. I’m a keen follower of muvi news and the closure has left me wondering what wrong they committed coz compared to deadnbc they are the lesser evil

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