Analysis of the Broadcasting Services Amendment Bill

		

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This process compromises the board’s autonomy, independence, and ability to function
effectively as an autonomous entity. In consultation with the Minister, the President retains
the prerogative for appointments, leaving the process vulnerable to political interference
and manipulation.
For the Broadcasting Authority of Zimbabwe (BAZ) to operate independently and free from
state authority or undue influence, the appointment procedure and board composition must
be conducted transparently and publicly. All qualified candidates should be selected based
on merit without involvement from the political leadership of the day.
However, the deliberate effort to ensure gender balance in the board’s composition is a
commendable and progressive aspect of the process.

Amendment to Section 8
Clause Six amends the principal Act
Section 8 (“Persons disqualified to be licensed”)
“…(2) For the purposes of subsection (1) “controlling interest”
means—(a) in relation to the corporate structure of the body
corporate—(i) sixty per centum (60%) of the securities in the body corporate; or
(ii) sixty per centum (60%) of securities representing all the share capital of the body
corporate; or
(iii) securities equivalent in value to sixty per centum (60%) of the share capital of the body
corporate; or
(iv) securities entitling the holders thereof to sixty per centum (60%) of the votes in the affairs
of the body corporate.
(3) A licence—
(a) for a commercial broadcasting service and a subscription broadcasting service shall be
issued to a company registered in terms of the Companies and Other Business Entities Act
[Chapter 24:31]
(b) for a community broadcasting service shall be issued to any person, other than a natural
person or a company (unless it is a company limited by guarantee)
The old section stipulates that broadcasting licenses must be issued to Zimbabwean nationals,
except where the Minister grants exemptions. The proposed amendment aims to permit
minority foreign ownership of up to 40% of broadcasting licenses, serving as a strategic
measure to promote growth and development within the broadcasting sector.
The amendment proposes removing the requirement for the Minister’s approval in licensing
individuals. Additionally, it seeks to repeal the mandate that all directors be Zimbabwean
citizens, introducing a provision that limits foreign representation on the board to a
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