Press Release from CAPITAL RADIO - Thursday, 05 October 2000

CAPITAL RADIO HAS NOT BROKEN THE LAW

The High Court, on Thursday 5^th October, with Judge J Gwaunza presiding has decreed that:

1.    The sections of the Radio Communications Act are of no application to broadcasting, i.e Capital Radio and the Monomatapa Hotel have not broken any law.

2.    That the PTC will allocate, in terms of the agreement between the parties, an FM frequency, and Capital Radio will allow it’s equipment to be vetted by the PTC within 10 days.

3.    The Police are immediately to return all equipment seized.

4.    Assistant Commissioner Ndluvo and Commander Chihuri are to come before the court to show cause why they should not be imprisoned for contempt.

From Pan African News Agency, 5 October

Zimbabwe Shuts Down Private Radio, Issues Broadcasting Rules

HARARE - The Zimbabwean government, under siege from private broadcasters, Thursday enacted new laws governing the airwaves as police clamped down on a radio station broadcasting without a licence. President Robert Mugabe invoked his vast presidential powers to set up a Broadcasting Authority of Zimbabwe, headed by the information minister, to licence and regulate the operations of all broadcasters.

The move comes amid controversy over the interpretation of last week's Supreme Court ruling which dissolved state monopoly in broadcasting. It made the ruling in a case brought by Capital Radio, a private broadcaster which had applied and been barred from setting up a radio station. The court ruled that state monopoly in broadcasting infringed freedom of expression as enshrined in Zimbabwe's constitution, but said all applicants should be licensed by the government to start broadcasting. But Capital Radio and another broadcaster took to the airwaves immediately after the court ruling, prompting the authorities to forcibly shut down the former Wednesday night. The other mysterious broadcaster was still on air Thursday.

Under the new broadcasting rules, only two licences will be issued, and the players will be required to strictly observe a cumbersome regime of operational guidelines, including ensuring 75 percent of all broadcast content is local and produced in Zimbabwe. The rules also stipulate that half of the music played by a radio station should be Zimbabwean, and another 10 percent from Africa. The government of the day will also be entitled to one hour a week of airtime to explain its policies. Broadcasting licences will only be issued to Zimbabwean citizens or a corporate investor whose majority shareholders were citizens of the country, and an applicant will get no more than one licence. Under the rules, political parties are barred from setting up or having shares in a broadcasting company, as are politicians.

Analysts said the battle for the airwaves is heating up as part of preparations by politicians for the 2002 presidential election, in which media coverage is expected to play a crucial role in swaying voters. "What we are seeing is all preparation for the elections which will decide the future of Zimbabwe as a nation and its democratic institutions," a University of Zimbabwe law lecturer said.

From The Independent (UK), 6 October

Mugabe launches fresh crackdown on free media

Harare – Zimbabwe launched a new attack on Britain yesterday, accusing it of secretly backing the country's first independent radio station, closed by police six days after it began test transmissions of music. Despite a Zimbabwe high court ruling yesterday that the raid on the makeshift studios of Capital Radio in Harare on Tuesday was unlawful, the FM station's future was in the balance as the government rushed through broadcasting regulations by presidential decree.

The home affairs minister, John Nkomo, said Britain had "an interest" in the station and "it is up to them to deny it". He said British diplomats had "inundated" police with phone calls to try to stop them searching the house of a station director who has a British passport. In a signal that President Robert Mugabe's government, which narrowly and violently won parliamentary elections in June, is becoming increasingly intolerant of dissent, Mr Nkomo added: "The days of going to court will soon be past. We won't accept any resistance." By his side at the special press conference, the 76-year-old president's spin doctor and information minister, Jonathan Moyo, said: "If there is a court which allows (independent broadcasting) in Zimbabwe, we will not allow it. It compromises our national security." He described Capital Radio's launch as "the clearest possible violation of our national security and of our sovereignty".

Capital Radio was funded by foreign charities. Last year, in a case later quashed by the high court, two journalists were accused of treason and allegedly tortured after their newspaper, The Standard, ran a story warning of an impending coup. In the violence before the elections, won by the ruling Zanu-PF), a shop next to the independent Daily News was firebombed. A year after launch, the Daily News, which supports the opposition MDC, sells 100,000 copies daily, more than the government mouthpiece, The Herald.

Zimbabwe, as in many African countries with a culture of one-party rule, has a vibrant independent press, broadly tolerated because most people cannot afford newspapers or cannot read well enough to follow written news. The broadcast media – especially radio - provides people with most of their information and governments want to control that. Capital Radio was intending to take a cutting-edge approach to Zimbabwe's problems, a stagnant economy, pending food shortages and the issue of resolving land ownership. Its directors, Mike Auret and Geraldine Jackson, were in hiding yesterday and the smashed door of their studio - a room on the 16^th floor of the Monomotapa Hotel - had been sealed by police. But Mr Auret's father, also called Mike, and a veteran human rights campaigner, said: "They had plans to do a lot with the station. They still have. They will not give up." Mr Auret, an MDC MP, said three armed police officers had been outside his home since Tuesday "presumably awaiting orders". The British High Commission was not answering enquiries yesterday over Mr Nkomo's claim.

From Business Day (SA), 6 October

Former Wheels of Africa boss may face extradition

THE investigating directorate for serious economic offences will serve a warrant of arrest today for former Wheels of Africa boss Billy Rautenbach on his Johannesburg attorney. Rautenbach is believed to be in Zimbabwe. Spokesman Sipho Ngwema said the directorate, which falls under the national director of public prosecutions, was now seriously considering instituting extradition proceedings against Rautenbach. Ngwema said copies of the warrant of arrest had been distributed to all the entry points to SA in the event that the former Hyundai distributor entered the country.

The warrant, issued by the Germiston Magistrate's Court last week, would be served on Rautenbach's attorney, Nicolene Fourie, today. Ngwema said Rautenbach was wanted for fraud of about R60m, theft and corruption involving customs officials. The investigation is continuing and a new charge has been added to the charge sheet. It is now alleged that Rautenbach stole Hyundai vehicles worth $8m from the Hyundai Corporation of Korea. The number of vehicles allegedly stolen is estimated at 1300. The vehicles were being held in "consignment stock" in Botswana on behalf of the Korean manufacturer. In terms of a 1996 agreement, Rautenbach had to get written permission from the Koreans to remove any stock.

It was discovered last year that 1300 cars were missing and Rautenbach is suspected of organising for them to be brought into SA without them having been paid for. The R60m fraud charge relates to the SA Revenue Service (SARS). Rautenbach allegedly underpaid import duties on Hyundai motor vehicles imported to SA from Botswana, where they were assembled. It is alleged that Rautenbach undervalued vehicles on invoices given to customs officials by between 20% and 30%, to avoid paying full import duties. The directorate, in a combined effort with the asset forfeiture unit and the SARS, seized assets last month worth R40m belonging to Rautenbach in SA. These include a private jet, a helicopter, farms and other properties. The authorities are seeking a further R20m in assets to attach.

The investigation could be extended to include Volvo vehicles that were also distributed by Rautenbach until his company was liquidated in December. Rautenbach is believed to have left SA for Zimbabwe shortly after a series of raids on his business premises by the SARS and the directorate last year. A large amount of documents was seized in the raids. Rautenbach opposed the raid in court but was unsuccessful. During the raids it was allegedly discovered that between R10000 and R200000 a month in cash had been paid by Hyundai to Rautenbach's family members. It was also found that a subsidiary of the Wheels of Africa group had allegedly invoiced another subsidiary for fictitious services worth about R500000 a month.