AS a “constitutionalist”, democratic and visionary leader that the state broadcaster Zimbabwe Broadcasting Corporation (ZBC) repeatedly claims he is, President Emmerson Mnangagwa must not sign the Broadcasting Services Amendment Bill into law.
There are a number of reasons for this unsolicited advice for the president. One of the most controversial aspects of the Bill is Clause 15, which compels motorists to purchase a ZBC car radio licence before they can acquire insurance and a permit for their vehicle.
This requirement infringes on a vehicle owner’s right to obtain insurance by adding an unnecessary financial burden.
Zimbabwe does not manufacture vehicles, but imports them factory-fitted with radio signal receivers. This means motorists have no control over whether their cars have radio receivers or not, making this clause both illogical and unfair.
By forcing every motorist with a receiver to purchase a ZBC radio licence, the law effectively dictates that those not interested in ZBC must remove their receivers, blocking access to all radio stations in the country.
This move not only monopolises the information space, but also directly denies citizens access to alternative voices. Licensing independent broadcasters becomes redundant if the state broadcaster is given preferential and enforced financial support.
The responsible minister argued in parliament that the clause in question was about “enforcing compliance” with the Broadcasting Services Act of 2001. The Act says listeners and owners of radio signal receivers must pay licence fees to ZBC or its agents.
It is worth noting that this Act predates the adoption of the constitution of Zimbabwe by more than a decade. It was enacted during a difficult period of deep crisis in the history of Zimbabwe, where the government undertook several actions whose legality and justification is still being questioned to date.
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Still on the issues of compliance, other than motorists, which other radio signal users in the country have a financial and statutory obligation placed on them to comply with radio licence payment?
How does the minister intend to ensure compliance by non-motorists, who also enjoy the ZBC radio signal?
Lastly, but not exhaustively! Proponents and sponsors of this heavily-flawed Bill talk about the need to collect revenue for the state broadcaster. The number of vehicles in the country is known, therefore, it is very easy to estimate the projected revenue from this law.
With that information at hand, the government must seriously evaluate whether it is worth violating the constitution on so many levels?
The public has a right to freely access information from government and radio is the most effective way to deliver this right.
Putting a price to it through payment for a radio listeners’ licence is trampling on that right. As already stated, citizens have a right to purchase insurance, register and drive their vehicles. They will pay road tolls, buy fuel and spend on so many other vehicle-related services.
This keeps the country’s wheels of industry moving. More than over-milking the motorist, this car radio licence requirement is an unnecessary additional regulatory burden, further stifling the ease of doing business, which the president and government preach.
If ZBC are adamant about selling their radio signal to listeners, perhaps the onus should be on them to scramble their signals. Anyone who is interested in receiving the ZBC waves can then purchase a decoding device from them.
The best and most powerful way for the state broadcaster to raise revenue is the traditional sale of advertising space.
At the moment, this space is unreasonably taken up by non-paying partisan jingles and excessive government propaganda. This repels audiences and with it, potential advertisers. That is simply why ZBC is in financial ruin.
Since the government of Zimbabwe has a reputation of doing whatever they want, whenever they want, even shooting themselves in the foot, this is an opportunity for the president to show that he has some degree of control and measure of astuteness.
It is not a matter of life or death if this poorly-conceived clause is left in the law, but definitely this is a chance not to remove all doubt about the presence of democracy, freedom, justice and common sense in Zimbabwe.
Tshuma is an author and advocate for Pan African Liberal Good Governance — @TaisaPT.
