Vox Media loses case over broadcasting licences

THE Administrative Court has thrown out an urgent chamber application by Vox Media Productions to bar the operationalisation of the broadcasting licences issued to Zimpapers Talk Radio and AB Communications.
Vox Media, popularly known as VOP FM, lost the bid for a licence to the entities at the end of last year.
It has since filed a challenge with the Administrative Court contesting the manner in which the licences were granted.
In the failed urgent chamber application, VOP FM was seeking an order compelling the Broadcasting Authority of Zimbabwe to forward a record for the selection process to the Administrative Court for the main challenge to be heard.
Senior Administrative Court president Herbert Mandeya dismissed the chamber application for lack of urgency.
The lawyers for Zimpapers, AB Communications and BAZ convinced the court that the matter lacked urgency considering that the licences were granted in November last year.

It was also the court’s finding that VOP FM failed to properly cite the parties involved.
The court was satisfied that Zimpapers Talk Radio and AB Communications were not the correct citations for the companies operating the radio stations.
It was also ruled that the Labour Court had no jurisdiction to grant the order being sought by VOP FM.
According to a response filed by Zimpapers lawyer Mr James Muzangaza of Muzangaza, Mandaza and Tomana, the proper citation for the company was Zimbabwe Newspapers (1980) Limited trading as Zimbabwe Talk Radio.

“The citation of and paragraph 5 of the Affidavit of John Masuku, refer to a second respondent by the name “Zimpapers Talk radio Private Limited.
“There is no such person or entity and in so far as these proceedings related to second respondent, they are a nullity . . .” read the papers.
The lawyers argued that the Administrative Court did not have powers to grant interdicts.
It was also argued that the licences were granted in November last year.


The fact that VOP FM filed its urgent chamber application was filed on March 22 2012 defeats the whole idea of urgency.
Advocate Zvikomborero Chadambuka appeared for VOP FM while Mr Tawanda Chitapi of Chitapi and Associates represented BAZ.
Ms Happy Tsara of Tsara and Associates was representing AB Communications.