HARARE – Chief Justice Luke Malaba on Tuesday dismissed with costs on a punitive scale an application by the Media Institute for Southern Africa (MISA) for the live streaming of Constitutional Court hearings into a Presidential Election petition brought by MDC Alliance leader, Nelson Chamisa.
Malaba held that the “ZBC has sufficient means to publicise the court proceedings”, MISA said in a brief statement following the hearing held in chambers.
The state broadcaster ZBC had already entered into an arrangement with the Judicial Services Commission (JSC) which would see it being the only broadcaster allowed in court.
The ZBC has gone on to set exorbitant fees for other broadcasters intent on tapping into the live feed from court. But the broadcaster was silent on live streaming – a rapidly growing way through which Zimbabweans at home and abroad are accessing their news.
The case was being watched as the first indicator of how Malaba might approach Chamisa’s petition to annul Emmerson Mnangagwa’s narrow election victory.
Many lawyers and media advocacy groups reacted with shock when Mnangagwa filed papers opposing the granting of the order in favour of MISA. The JSC and ZBC also filed opposing papers.
TechMagTV, which streams many events online, said on Twitter: “Mr Mnangagwa why would you challenge the opening of court session to private players when we are open for business ? What content must we not be allowed to broadcast?”
David Coltart, a lawyer and MDC Alliance top leader, said: “The JSC found unusual powers to give ZBC authority to broadcast in the first place. It is important to note that although the ZBC is a statutory body, no institution enjoys specific privileges vis-a-vis the courts – so it is astonishing that it has been given authority to broadcast by the JSC.”
If ever there was proof that the "new dispensation" is in fact "old"its found in Mnangagwa's opposition to @misazimbabwe live-streaming tomorrow's proceedings. Not only is this new technology which should be embraced by all but it raises the question of what he is hoping to hide.
— David Coltart (@DavidColtart) August 21, 2018
Only a few reporters, about a dozen, will be allowed to sit in court with the rest housed in a tent outside where they will watch ZBC pictures.
ZBC is demanding $13,073 for those wishing to pick up uninterrupted live feed from start to end of proceedings. Hourly rates were pegged at US$1,815. For radio, the state broadcaster is charging US$5,217 per day and US$725 per hour.
