Joy Radio triumphs over regulatory body

Passing his ruling on 16 January, 2009 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 licence 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.

In the judicial review, Joy radio applied for a declaration that the decision of MACRA revoking the licence was unconstitutional, unreasonable, not in line with Communications Act and the terms of conditions of the licence granted to Joy Radio by MACRA .