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Joy
Radio station scores major victory over regulatory body
The High Court in Malawi has declared that the decision by the
Malawi Communications Regulatory Authority (MACRA) to revoke
Joy Radio's license was unconstitutional, ultra vires, and unreasonable,
effectively dismissing all cases in which MACRA has been challenging
the private radio station. According to the latest ruling it
means there is no case between Joy Radio and MACRA.
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his ruling on January 16, Justice Anacklet Chipeta said MACRA behaved
most disgracefully with a lot of irregularities.
"I am in no doubt that the application, herein, should succeed.
I accordingly hold that the decision-making process that led to
the revocation of radio License was flawed through and through
with irregularities.
"I find that MACRA behaved most disgracefully and that it not only
acted ultra vires the powers that the law has vested it with, but
also without fairness in the sense depicted by the principles of
natural justice,” said the judge in his ruling.
On the argument by MACRA that Joy radio did not comply with orders
from the regulatory body on the submissions of broadcasting material,
Justice Chipeta said it was all due to unreasonableness on MACRA.
After this latest ruling Joy Radio is now back on air after it
was closed down in December by MACRA. Since it was granted a broadcasting
license in 2002 Joy Radio has faced incidents such as being attacked
by thugs, uprooting of its broadcasting equipment by MACRA and
several closures.
Source: MISA Malawi
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