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Lusaka High Court
The Lusaka High Court has dismissed an appeal by Muvi TV and Komboni Radio against the decisions of the IBA Board to suspend the broadcasting licenses for the two broadcasting stations.
High Court Judge Mwiinde Siavwapa ruled that the appeal to the Court against the decisions of the IBA to suspend the licenses is misconceived and incompetent.
Judge Siavwapa ruled that the application for an order of Mandatory injunction is ill-fated for the reason that it does not constitute a stand-alone cause of action.
He ruled that the appellant simply used the wrong procedure to try and challenge the IBA Board’s decision.
Judge Siavwapa upheld the preliminary objection and dismissed the whole appeal and the interlocutory application.
He held that in the context of Section 31(1) of the IBA Act,a person aggrieved by a decision of the Board has a choice to appeal to the Minister or not to appeal at all.