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ALERT - ZAMBIA

4 November 2003

Television station closed

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

(MISA/IFEX) - On 1 November 2003, a team of two plainclothes and two armed
and uniformed police officers raided the privately-owned Omega TV station,
based in Lusaka, and ordered staff to immediately cease test broadcasts. The
officers referred to "orders from above" as the reason for their actions.
The station closed until 3 November, when the order was reversed by Lusaka
Province Police Commanding Officer Chendela Musonda.

The station's closure followed a 27 October letter by Solicitor General
Sunday Nkonde to Minister of Information and Broadcasting Services Mutale
Nalumango, which said the station was operating illegally and should be shut
down by police.

"Omega [TV] has contravened the law by failing to abide by the lawful
cancellation of the licence which has been upheld by the court. To urgently
protect unsuspecting members of the public, the Zambia Police Service ought
to quickly enforce the law. The television station ought to be shut [down],"
Nkonde said.

Omega TV station manager William Kazoka told MISA-Zambia on 3 November that
the police raided the station between 7:30 p.m. and 8:00 p.m. (local time),
saying "the station was operating illegally." The police officers said any
questions should be directed to Commanding Officer Musonda.

Kazoka said he met with Musonda on 2 November and explained that the station
had obtained a "stay of execution." Musonda said that, in order to resume
operations, Kazoka would have to provide him with court certified copies of
the stay of execution. The required documents were provided on 3 November
and the station was subsequently allowed to resume its test broadcasts at
4:00 p.m. that day.

BACKGROUND:
Omega TV is a subsidiary of Africa Press Trust, a company owned by Richard
Sakala, the imprisoned press aide of former president Frederick Chiluba.
Both Chiluba and Sakala have fallen out of favour with the government of
President Levy Mwanawasa and are facing separate charges relating to
corruption.

On 16 January 2002, former Minister of Information and Broadcasting Services
Vernon Mwaanga gave Omega TV a "construction permit", which is a licence to
build and test the television station. The licence, however, was cancelled
by his successor, Newstead Zimba, prior to expiry of the 18 month term for
which it was supposed to be valid. Zimba cited "public interest" as the
reason for the cancellation. Omega TV subsequently sought a judicial review
of Zimba's decision in the High Court.

On 12 August 2003, Omega TV lost the case in the High Court and was ordered
to cease operations immediately. The station, however, appealed the High
Court's decision to the Supreme Court and was granted a stay of execution on
19 September. The stay of execution allowed the station to continue
operating until the Supreme Court rules on the case.

Kazoka said the decision to close the station despite the court order
suggested that the whole incident was "personal." He regretted that so much
emphasis had been placed on the station's ownership rather than the benefits
that would be brought about by an independent, privately-owned television
station.

Omega TV has been running test broadcasts of local news and re-broadcasting
feeds from CNN and Deutchwelle on a daily basis from noon to midnight.

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232 975,
fax: +264 61 248 016, e-mail: [email protected] or [email protected],
Internet: http://www.misa.org/

The information contained in this alert is the sole responsibility of MISA.
In citing this material for broadcast or publication, please credit MISA.
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