THE broadcasting licence for Prime Television has been cancelled in public interest, Independent Broadcasting Authority (IBA) director-general Josephine Mapoma has announced. Ms Mapoma said in a statement yesterday that the cancellation of the licence is with immediate effect. This has been done in line with Section 29 (1) and (k) of the IBA (Amendment) Act of 2010. “The Act provides that the board may cancel a broadcasting licence if it is necessary in the interest of public safety, security, peace, welfare or good order. “….the board considers it appropriate in the circumstances of the case to do so.

This means that Prime Television’s licence is now void and should be surrendered to the authority,” she said. Ms Mapoma said the private television station is Prime TV blacked out at liberty to appeal against the decision of the IBA to the Minister of Information and Broadcasting Services within 30 days. Last year, IBA suspended Prime TV for 30 days for allegedly exhibiting unprofessional elements in its broadcasting. Meanwhile, TopStar Communication Company Limited has asked the Lusaka High Court to stop proceedings in a case Prime TV has sued the State over its decision to stop doing business with the private broadcaster.

TopStar, the second respondent in the matter, has also asked the court to refer the lawsuit to arbitration because it is improperly before the court. And the State has asked the court to dismiss Prime TV’s application for a conservatory order in the case. This is in a matter Prime TV has petitioned the Lusaka High Court seeking an order to quash Minister of Information and Broadcasting Services Dora Siliya’s decision to cease all cooperation with the television station.

The TV station is also seeking a declaration that Government’s decision to stop business transactions with it is unconstitutional, saying it violates the television station’s rights enshrined in Article 20 of the Constitution. The company is also seeking a court order to declare that all media houses have the right to access and disseminate information from Government without undue hindrances. Attorney General Likando Kalaluka and MultiChoice Zambia Limited are the first and third respondents in the case. But TopStar wants the case to be halted and referred to arbitration. TopStar says the court should grant it an order to stay the proceedings on grounds that the case is a subject of an arbitration agreement.

“The respondent also wants the court to order that Prime TV pays it costs occasioned by the action including the costs of the application,” the summons reads in part. TopStar further states in an affidavit in support of summons for an order to stay proceedings and have the matter referred to arbitration filed by its lawyer, Carol Mukale, that Prime TV was seeking redress from the court for TopStar to compensate it for loss of income and business as a result of the statement it issued. Ms Mukale says the relationship between Prime TV and TopStar is that of a commercial nature and is governed by a service level agreement signed between the two on January 29, 2019.

And the Attorney General’s chambers has argued that the conservatory order sought by Prime TV should not be granted because it would injure public interest which in this case requires that media houses, including Prime TV, cooperate in the fight against COVID-19. “To take the stance that has been taken by the petitioner in this difficult time throughout the globe defeats public interest,” the State has submitted. Meanwhile, MultiChoice Zambia Limited has also argued that Prime TV’s application for a conservatory order is not meritorious because the court has no power to grant it.