By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has thrown out a matter in which the United Party for National Development (UPND) challenged Zambia National Broadcasting Corporation (ZNBC)’s decision to refuse to air a 30-minute documentary featuring party leader Hakainde Hichilema’s interview.
Judge Mwila Chitabo said UPND secretary general Stephen Katuka should have taken the matter to the Conflict Management Committee and not the High Court.
The Electoral Process Act provides for settling of electoral disputes through the Conflict Management Committee before opting for other avenues.
Mr Justice Chitabo, who discharged the permission earlier granted to Mr Katuka to challenge the national broadcaster’s decision, said he found it irrelevant to go into the arguments of the main matters.
Mr Katuka was challenging ZNBC’s decision to refuse airing a 30-minute documentary featuring an interview with Mr Hichilema.
He had argued that the decision was not only undemocratic but unreasonable and irregular.
Mr Katuka had told the court that in June 2016, he took a 30-minute documentary featuring the opposition leader to be aired on ZNBC, but he was informed via electronic mail that the same was not approved, prompting him to seek the court’s intervention.
However, Mr Justice Chitabo, in his judgment, dismissed the application for lack of jurisdiction.
He said the High Court had no jurisdiction to hear such matters as it was the preserve of the Conflict Management Committee.
“‎I accordingly discharge the ex parte order for leave to apply for judicial review that was granted by this court on June 14, 2016 for lack of jurisdiction,” he said.