By Chileshe Mwango
The Law Association of Zambia has called on the Independent Broadcasting Authority to immediately rescind its decision to cancel the broadcasting license for Prime TV because it is illegal.
LAZ President Eddie Mwitwa says the action and conduct of the IBA is an affront to the freedom of the media and an assault on the democratic right of freedom of expression.
Mr Mwitwa further states that the timing of the cancellation of prime TV’s license raises a lot of speculation and reasonable doubts about the independence and professionalism of the IBA in this matter.
He has since demanded that both the IBA and Zambia Police Service should allow Prime TV’s proprietors, officers and staff to access and control Prime TV’s premises with immediate effect saying the Authority did not order Prime TV to close for Zambia Police officers to take control of private premises without a court order and without any evidence of any criminal activities perpetrated by either prime TV officers or employees.
Mr Mwitwa has also challenged the IBA to explain to the public, in whose interest the decision was professedly taken, the basis of the decision, the security and peace concerns as well as other circumstances in issue and whether the IBA itself had complied with the entire provisions of section 29.
Below is the full statement
IBA AND PROCEDURE
LAZ PRESS STATEMENT DATED 11TH APRIL 2020 ON THE CANCELLATION OF PRIME TELEVISION’S BROADCASTING LICENCE BY THE INDEPENDENT BROADCASTING AUTHORITY
The Law Association of Zambia (LAZ) is deeply saddened and gravely perturbed by the cancellation of Prime Television’s (Prime TV) broadcasting licence by the Independent Broadcasting Authority (IBA) on 9th April 2020. In the Press Release issued by the IBA on the said date, the IBA stated that the cancellation of the licence was done in “Public Interest” pursuant to section 29 (1) (j) and (k) of the Independent Broadcasting (Amendment) Act No. 26 of 2010 ( the “IBA Act”), which stipulates that the Board may cancel a broadcasting licence if, “the cancellation of the licence is necessary in the interest of public safety, security, peace, welfare or good order” or “the Board considers it appropriate in the circumstances of the case to do so.” Although the IBA has discretionary powers to cancel any licence that it issues under the IBA Act, LAZ notes that in its Press Release, the IBA did not go further to explain to the public, in whose interest the decision was professedly taken, the basis of the decision, the security and peace concerns as well as other circumstances in issue and whether the IBA itself had complied with the entire provisions of section 29 of the IBA Act, which stipulates in section 29 (2) that:
Where a broadcasting licensee does not comply with this Act or with the conditions of the broadcasting licence, the Authority shall notify the broadcasting licensee of the measures that the broadcasting licensee should undertake, within a specified period to comply with the conditions of this Act or the broadcasting license.
Furthermore, section 29 (3) of the Act stipulates that:
The Authority shall, where a broadcasting licensee fails to comply with a notice issued under subsection (2), within a specified period of time suspend the broadcasting licence for a specified period of time or cancel the broadcasting licence.
More importantly, perhaps, section 29 (7) of the IBA Act stipulates in mandatory terms that:
The Board shall, before cancelling or suspending a broadcasting licence under this section, give the broadcasting licensee an opportunity to be heard.
In view of the above provisions of the IBA Act and the contents of the Press Release issued by the IBA on 9th April 2020, LAZ is of the view, and did establish from Prime TV, that the IBA never issued any notice or warning to Prime TV, as required by Section 29 (2) of the IBA Act and that the IBA did not go further to avail Prime TV an opportunity to be heard. Accordingly, LAZ is of the view that the conduct of the IBA in cancelling the licence for Prime TV was done prematurely and contrary to the clear provisions of the law.
LAZ is also of the view that the action and conduct of the IBA is an affront to the freedom of the media and an assault on the democratic right of freedom of expression. With the recent decision by the Government to stop all government officers from dealing with Prime TV owing to Prime TV’s reported decision not to allow the Government to air any COVID-19 announcements on Prime TV and the removal of Prime TV from the TopStar platform, the timing of the cancellation of Prime TV’s licence raises a lot of speculation and reasonable doubts about the independence and professionalism of the IBA in this matter. This is a serious concern for the future of the private media in Zambia especially as the nation heads towards the 2021 Presidential and General Elections.
LAZ further adds that the decision and action of the IBA is untimely and extremely unfortunate especially when the nation is still grappling with the COVID-19 pandemic which needs to be combatted through concerted efforts of both the private and public media.
LAZ is also seriously concerned by the reported commandeering of the Prime TV premises and offices by Zambia Police officers as reported by MUVI TV on 9th April 2020. LAZ is alarmed by the fact that though the IBA did not order Prime TV to close, the Zambia Police officers appear to have taken control of private premises of a private television station without a court order and without any evidence of any criminal activities perpetrated by Prime TV officers or employees following the cancellation of its licence. The cancellation of Prime TV’s licence is a civil matter and should not be turned into a criminal case without adherence to the dictates of the relevant law.
LAZ also condemns any heavy-handedness and blatant breach of the law by any authority or law enforcement agency especially that it appears that the actions against Prime TV are premised on mere differences in opinions. It is LAZ’s firm position that in a democratic society such as ours, it is not necessary for everyone to sing and dance to one song. Diversity in opinions does not weaken but rather strengthens us and must be encouraged and espoused if we are to grow even more as a society.
LAZ therefore calls on the IBA to immediately rescind its illegal decision to cancel the licence for Prime TV and to allow Prime TV to start operating in accordance with the law. To this effect, LAZ demands that both the IBA and Zambia Police should allow Prime TV’s proprietors, officers and staff to access and control Prime TV’s premises with immediate effect.
ISSUED BY THE COUNCIL OF THE LAW ASSOCIATION OF ZAMBIA
11th April 2020
While IBA has its role to play, LAZ equally has its own. This business of LAZ wanting to play the hero all the time is not helping them. That’s why they have lost credibility. IBA is the authority charged with monitoring TV stations, why does LAZ want to undermine it??
LAZ of today is remiscent of a political party.
The current leadership is politically inclined.
Exactly what I said, Prime TV wasn’t given an opportunity to be heard. Between 2011 and now Govt has spent so much money as a result of Court cases. The AG recently advised all Govt and quasi Govt agencies to always consult his office before taking any drastic action. These bad decisions will always cost Govt money. We’ll now lobby to begin to surcharge officers that make such styopet decisions
What do you mean prime tuvi wasn’t given opportunity to be heard?? They have been given the chance to appeal. That is the procedure. Why should it change to accommodate prime tuvi??
@Zambian Citizen, maybe you’ve read a different Law. An appeal comes after other things like notification, etc. For your information, get to Attorney General’s Chambers and find out how much Govt is losing in civil suits. That’s when you’ll know that PF is a disaster
LAZ is simply explaining to us what the law says. It is their role also. What heroism is in there? The question is who is supposed to arrest institutional illegality?
Dictator leadership in Zambia. How many people are going to lose jobs from there and yet you lie our government is busy creating jobs with Chinese k500 salary direct job. Prime TV failed to air coz government is owing them, that is private media need to make money and pay workers . Government having credits even from media houses sure you don’t feel shy?
Let me impact some senses in the heard of this dull lawyer, the opputunity to be heard can only apply if you are not satisfied with the iba desicion and you apply to the minister,the minister has got powers to overtune the iba and give you an oppotunite to be herd, some lawyers. Lawyers for kainde
Look at this full, writing lubbish. Prime TV will open, ufuna su funa. Economy mwakangiwa and you are rushing to media. Is there anybody who has bought mealie meal in Zambia at over K200 since 1964. Why are you breaking wrong wrong records? Leave soon to prevent further damage, dollar is at K20 and busy at Prime TV. Insoni ebuntu please
This is the case of groupings that are always antagonistic. It’s a clear the organs are disjointed premised on their hidden agendas. If they weren’t, they could have hinted to each other on the best course of action that could be taken prior to running to the media. There is no better example of failures…
If only you watch people like SIMUWE with news analysis can you attest that the tv station went to the ground. If Laz feel IBA is wrong take them to court. For me closing PRIME TV was long overdue.
Ask the people of Rwanda how the genocide started……its the media such as prime TV with their careless ratings that can make us run up and down. They have worked as opposition party. Indeed it was long overdue to close this tv station.
It is very scary to know that LAZ which represents and regulates lawyers in this country has a daft president who as a lawyer does not respect decisions made by other competent bodies. No one has ever criticised LAZ for taking regulatory and punitive action against those that go against the legal fraternity rules. In fact they are given a chance to appeal any grievances.so what is so special about prime? Was shawa a gay sugar daddy to you all such that you feel so emotionally attached to him?
LAZ leadership is highly compromised and lost it’s credibility when they joined the Presidential petition for the privatisation thief HH of the UPND who has hidden the privatisation loot in the paradise papers because of his greedy and bitterness….
But its legal for SC Sangwa to be suspended without due process?? what a LAZ!!!!!
Not surprised. Eddie Mwitwa is a staunch UPND cadre who, just like Linda Kasonde, was programmed to encroach into the LAZ Executive to serve the interest of UPND. A clique of these pseudo-politicians & business men so hell-bent to discredit ECL presidency in Zambia is similar to a fleet of politicians/business men who spear-headed State Capture in South Africa, Support for Prime TV is being driven by men & women clothed with same feathers. The group is evolving into vicious beasts as Year 2021 hovers on the political horizon. It is tempting to speculate that Prime TV was established as a SUBSIDIARY of “The Mast” and “The Post Newspaper”. Prime TV’s style of journalism is reminiscent to operational styles of The Post Newspaper staff. Fred Mmembe has opted to hide behind the curtains…
In southern Africa, a political platform is being used as a spring-board and source of economic plunder. Students of history and political science are well advised to read a well articulated paper published in 2017 by Udo Froese titled: “Hired Intelligentsia Target South Africa, Zambia and Zimbabwe For Regime Change”. Just connect the dots to link Maimane of South Africa, the late leader of RENAMO in Mozambique, HH and his fleet of supporters in Zambia. Then a clear picture will be projected.
It does not make sense to destroy the country’s infrastructure and private enterprise for the sake of the survival and perpetuation in power of a few clueless people calling themselves leaders. This is small wonder there is hero worshipping (so-and-so’s government as opposed to OUR government or the PARTY’s government). STOP IT.
Bonzoman you are very thick. Some of you need sense to be panel beaten into you .
As usual the lame brains quick to give LAZ President a political party instead of basing the debate on what he is saying….I am sure if CNN was in Zambia the way it is in the US it would have its license cancelled just like FOX under Obama administration. ZP have no right to seal of the premises what they doing in there …you will hear that they have sent in ZRA.
Use your heads ..this same Prime TV will be an partner when PF is in opposition.
The way PF sycophants on this forum THINK.. One wonders…. It is as if PF has transformed this country into a SINGAPORE … PF was helped into office by the same private media that was hammering RB LEFT RIGHT and CENTER. You may think you are clever but every dog has its day. For some of us private citizens it does not matter what you do… You can close all the private stations if you want..We shall be tuning to FAKE news online. You can see that out of 444 people who have seen and read this article only a handful PF and UPND supporters (and 1 or 2 independents like ME) have commented. The rest are living in FEAR.. Yes…FEAR…That is the culture PF has created…CULTURE OF FEAR….
Tarino this ain’t the USA buddy. Neither will it ever be England mate. Here we have our own competent bodies and courts as a sovereign state . We are not controlled by any country and never will be. This is what our forefathers fought for during independence struggle. However even after giving you independence you still chose to follow your colonial masters by emigrating as asylum seekers. You are used to being a slave
iwe kwacha ili pati lelo?
Tarino, the modern slave at it again,negative thinkin only,
Dullest LAZ of all time.
You call yourself sovereign state when your budget is supplemented by the so called colonial masters …really laughable…the speaker of Parliament and Judges still wear “white man” colonial wigs …you still go to “White man” Churches praying from the evil King James bible, you have English names and who is a slave. The Zambian law is based on British law and retained a lot of colonial clauses still in effect today.
Of course the closure is very illegal. Only those stubborn ones with kufwa na NO syndrome like some characters above will still argue. No charge, just closure. No right to be heard, just closure. level of primitivity extremely worrying. But be rest assured that no body is watching your PF channel. We miss the measure of decency in the MMD regime, not perfect but some decency was maintained. But anyway, it is the African way of doing things, if you fail to perform and your fortunes look miserable, you devise survival strategies, no matter how insane they may be, they will look normal in the eyes of the beholder because it is a survival feat at the end of the day. Instead of closing the free falling kwacha, chaps are focusing on non issues, Shameful indeed
Honestly, how does this man and his body make pronouncements on matters that are in court. How and by what authority does LAZ ‘ORDER’ that Prime TV be allowed into premises to continue even without the IBA process, Appeals process, and court cases have ended?
How, ‘thicko’ does one need to be?
Viva Mwitwa! This is the only sensible comment I have heard about this closure. What are the police doing at someone s property without a court warrant ?This is a clear misuse of power by the government of the day.
KZ just shut up ok, people like you with doctorates and PHD’s in lies in the PF should not even be given a platform in which to lay out your folly. Has mwitwa mentioned he is UPND? All the established authority bodies in Zambia starting with ZRA are unprofessional, compromised and support the interests of PF as a party and not the interests of people of Zambia. KZ work hard to rig otherwise we will ensure that every PF member who will not escape the country will be behind bars.