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the public domain,” said Madam Sharon Mugabe, KISS FM spokesperson.
It is very clear now that the KISS FM appeal is being heavily influenced by all the discussions, innuendoes, falsehoods doing the rounds in the public domain. Of course, this domain includes press articles, pub talk, hair salon gossip and many others. What is coming to the fore in the public domain ‘is that the radio broadcasting licences were issued to institutions/persons heavily aligned to Zanu-PF or subscribe to the Zanu-PF ideology’. Secondly, the legality of the Broadcasting Authority of Zimbabwe (BAZ) is also being challenged, with the MDC formations claiming that it is not legally constituted.

Sometime this year BAZ publicly invited bids from Zimbabweans for the issuance of two national radio broadcasting licences. Fourteen companies applied to the BAZ including Sharon Mugabe’s KISS FM. It is imperative to note that by agreeing to tender the bids, these bidders tacitly recognised that BAZ was a legally established institution and they all had equal chances of winning or losing. At that time also, none of the MDC formations moved a motion in Parliament seeking dissolution of BAZ.

Later, the BAZ further short listed four contestants including KISS FM. Again, the MDC formations did not query the last four selection. The losing 10 contestants accepted the BAZ decision and did not appeal against it. The next crucial and decisive step was to conduct the public hearings so that the BAZ would be formally guided by the conversations of the public domain. At this time, MDC formations did not dispute the shortlist of the four companies. Can one assume that one or more of their own was still in the race at that time?

These public hearings were conducted from October this year. All four contesting companies were equally exposed to public interrogation which later saw ABC Communication take first position, Zimpapers second position, and KISS FM on third position with VOP coming fourth. Prime Minister Tsvangirai described the results as a “farce” because the winners of the radio broadcast licences are Zanu-PF elements. KISS FM was encouraged by the Prime Minister’s statement and hence the appeal.

Before these radio broadcasting licences were issued, Zimbabwe had two local television channels and four local radio stations In addition to that there are three pirate/unlicensed foreign radio stations beaming into Zimbabwe. These three foreign radio stations have wider transmission coverage than ZBC and reach areas where people rely on radio as their only source of information.
One of them is VOP which was one the final contestants. It was strange for BAZ to allow a pirate radio station to participate in the process before it ceased its illegal operations. Where they trying to legitimise contraband?

Further, the generality of Zimbabweans in the urban and rural areas have Wiztech Free-To-Air satellite technology where they access, among others news channels, SABC1, SABC2, SABC3, Sky News. With the re-emergence of a middle class in Zimbabwe, it is estimated that more than 900 000 families across the country subscribe to DSTV. They have access to 24 hour news channels like CNN, BBC, E-news, Euro news, Aljazeera, Sky news, Russia Today, CCTV, NDTV. Locally, we have one national television station which carries less than five hours for every 22 hours for news and current affairs daily.
Article 14 of the Global Political Agreement said of these stations, “Aware of the emergence of foreign based radio stations in Zimbabwe, some of which are funded by foreign governments . . . further concerned that foreign governments funded external stations into Zimbabwe are not in Zimbabwe’s national interest.”

It’s apparent that these stations are not on neutral standing when it comes to reporting on Zimbabwean politics. Who do they favour? These channels are generally anti Zanu-PF and their reports on indigenisation and economic empowerment, the land reform programme, President Mugabe’s health, rule of law and violence speak for themselves.
They have been interestingly quiet on the Prime Minister’s sexgate but would stop the press if any senior member of the opposition is called to a police station for questioning. What have all the signatories to the GPA done to stop the pirate radio stations? Every principal must give account first before rubbishing BAZ.

No one must dare challenge the BAZ decision on the basis that it was politically partisan in awarding the licenses. Madam Sharon is a Zanu-PF member and a losing candidate at the 2008 Zanu-PF primary elections. Her advertisement agency did a fantastic job in the 2008 elections in coming up with high class adverts targeting the 18-40 age groups. She is arguably one of the best advertising gurus in this country. Needless to say that the acquisition of her advertising agency was largely precipitated by the Zanu-PF lobbied indigenisation regulations that direct that the advertising industry must be a preserve for locals.

Mr Douglas Munatsi, KISS FM shareholder, is one of the early beneficiaries of Zanu-PF empowerment programs which gave bank licences to locals as a matter of affirmative action as directed by section 23 (g) of the Zimbabwe constitution. It is very unfortunate that the culture of disputing elections have quickly spread from politicians, clergy and now to business.
Some of the conversation in the public domain has claimed that Supa Mandiwanzira is a Zanu-PF apologist. Let’s look at his resume. He worked for ZBCTV as a news anchor and presenter for ZTV news bulletin and the Good Morning Zimbabwe together with Abigail Mvududu and Jestina Mukoko who won a USA award for “exposing Zanu-PF transgressions”. Does one become a Zanu-PF apologist because he/she once worked for ZBC? After ZBC Mandiwanzira latter reported for SABC and Aljazeera as the Zimbabwe correspondent. His reports were never described as biased against MDC formations. In fact Zanu PF complained bitterly that Mandiwanzira gave the opposition more interviews than them.

Until recently, Mandiwanzira was the chairman of the pink paper, Financial Gazette. During his tenure, the paper was very far from being a Zanu-PF brochure. It carried several screaming headlines which were not palatable to Zanu-PF chefs. His television show, Talking Business with Supa, has hosted political leaders from all political parties. I understand the Prime Minister is yet to accept an invitation to come to the show sent to him a year ago.

Supa interviewed President Mugabe with brutal frankness punctuated with hard-hitting questions. It’s only that the interviewee is shrewd; ask Christiana Amanapour, that’s why he survived the grilling. Above all, Mandiwanzira is not only just a Zimbabwean citizen but an indigene that was previously unfairly discriminated prior to 1980.
Zimpapers, a listed company, which also won a radio broadcast licence is owned by all Zimbabweans through government equity, Old Mutual representing pensioners and policy holders and thousand individual investors.

Prior to 1980, the stable was owned by the previous regime, upon winning elections it went into the control of the majority. My question is, if Zimpapers fell under a ministry with an MDC minister was MDC going to contest?
The BAZ was established by an Act of Parliament, the Broadcasting Services Act of 2007. The powers to appoint members of the board are vested with the President as directed by Section 5 of the Act after consulting the Minister and the Parliament Committee on Standing Rules and Orders (PCSR0). I understand that the Chairperson of the PCSRO, Mr Lovemore Moyo seconded six nominees of which three of them were appointed by the President.

Assuming that the Speaker of Parliament did not second anyone to the President to consider for the BAZ board appointment, the Speaker of Parliament as chairman of the PCSRO abdicated responsibility here in terms of section 5. Also assuming that no one in the executive invited the Speaker of Parliament to nominate suitable persons to be considered by the President, Parliament should have a moved motion to debate on the appointment of the board immediately when it was appointed. Why wait until it makes a seemingly unfavourable decision to the Speaker of Parliament.

The doctrine of Trias Political-commonly known as separation of powers-authored by the legendary French jurist Montesquieu) forms the basis of how our constitution is constructed. The reason for the division of powers is that there can be no political freedom in a country when one body makes the law, implements them and act as arbiter when they are contravened.
Our Parliament cannot enact a law where the President is vested with authority to make appointments of board members of BAZ and then want to overturn the appointment of the BAZ directors when it awards a license to the least favourable institutions.

If KISS FM and VOP had won the licences, was Mr Lovemore Moyo going to attempt cancelling the appointment of the BAZ directors? How can you phantom to reverse the decision made by the Executive without a proper hearing which affords the Executive to explain? Do we have to settle everything by vote every time in order to change things even if they unreasonable? There are too many people in Parliament with wool between their ears.

BAZ recently publicly invited interested Zimbabweans to bid for 14 regional radio broadcasting licenses. Given its appeal KISS FM will not be able to apply until finalisation of its court case.
The Daily News court case took seven years to conclude. I guess KISS FM is a very patient company. It will be faster for KISS FM to lobby for a third licence since they are on third position than seeking the courts to nullify the selection process and then start afresh with no guarantee they will get the licence in the second attempt.

• Tafadzwa Musarara is chairman of Resource Exploitation Watch