Government reviews foreign ownership of broadcasting licences

Zvamaida Murwira, Harare Bureau

FOREIGN ownership of up to 40 percent of Zimbabwean broadcasting licences to allow more investment while retaining local control will be permitted under the Broadcasting Services Amendment gazetted by the Government.

The Bill, gazetted last Friday, will align the Broadcasting Services Act with the Constitution and also with the public entities’ corporate governance standards.

The proposed law now waits to be tabled before Parliament.

Clause Six amends the principal Act, which provides that licenses must be issued to Zimbabweans subject to the exemption by the Minister.

But the amendment seeks to allow minority foreign ownership in a broadcasting licence up to 40 percent as a measure of encouraging the development of this sector considering that it is a high capital venture but still ensuring that Zimbabweans remain in control of broadcasting services. 

The amendment will mean that the minister will no longer be required to approve the licensing of any person. The amendment also seeks to repeal the requirement for all directors of licensees to be Zimbabwean citizens but places a limit of 40 percent of the directors to be foreigners. 

Amendments to Section 8(3) will allow any person other than a natural person to apply for licences thus allowing community radio licences. 

Clause Three of the Bill provides that the role of the Broadcasting Authority of Zimbabwe (BAZ) is to regulate and manage the broadcasting service bands for sustenance rather than control broadcasting service bands. 

“The intention is to move away from a perception that the legislation is intended to stifle the freedoms guaranteed by section 61 of the Constitution and instead to focus on necessary regulation of the airwaves. This is also in line with current international trends as contained in some international instruments among them, the African Charter on Broadcasting, the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights,” reads the memorandum attached to the Bill.

Clause Seven seeks to introduce predictability in the applications for, granting or refusal of licences. The amendment will allow licences that make use of the broadcasting frequency spectrum to be applied for once a year. 

“Amendments to subsection 6 are to ensure that only services that make use of the band spectrum, a national public resource, go through a public inquiry (except for community radios) which are supposed to be owned by the community,” reads the attached memorandum.

Clause Eight seeks to ensure that broadcasting service licensees broadcast in all languages spoken in the area they serve so as to promote the use of officially recognised languages identified in the Constitution.

Meanwhile, President Mnangagwa has assented to the Administration of Estates Amendment Act which was passed by Parliament recently.

The assent by the President to the law was announced by Chief Secretary to the Office of the President and Cabinet, Dr Martin Rushwaya in a Government Gazette published last Friday.

The law rationalises the powers of the Master of High Court especially when it comes to administration of deceased estates, those cases where an executor needs to be appointed and often property disposed of. 

The upgraded Bill means that a judge of the High Court has to approve the appointment or dismissal of an executor and the sale of property of an estate in these circumstances.

This is meant to enhance protection of widows, widowers and orphans during disputes over deceased estates.                   

 

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