The Attorney-General v Globecast Africa

HH 114-08

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Case Details

Court

Harare High Court

Date

4 November 2008

Citation

HH 114-08

Neutral Citation

[2008] ZWHH 114

Outcome

unknown

Case Type

Application

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Criminal LawBroadcasting LawRegulatory Offences

Keywords

broadcasting without licencemens reastrict liabilityclaim of rightTransmedia

Key Issues

{"issue_text":"Whether the offence under s 7(1) of the Broadcasting Services Act is one of strict liability","issue_type":"law","dispositive":"yes","related_facts":"Operation of equipment without licence; Transmedia's failure to obtain licence"}
{"issue_text":"Whether the respondent lacked mens rea and could rely on claim of right","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's belief that Transmedia had procured licence; previous dealings"}

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Facts of the Case

Background

Globecast Africa, a South African company, brought satellite uplink equipment into Zimbabwe to cover the 2008 harmonized elections under an agreement with Transmedia Corporation, which was to obtain the necessary broadcasting licence. Transmedia failed to obtain the licence, yet Globecast's engineers operated the equipment, facilitating a satellite link between the Minister of Information and CNN. The magistrates' court acquitted Globecast at the close of the State case, holding that the offence required mens rea which the State had not proved.

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