UPND has asked the Ndola High Court to join the Zambia National Broadcasting Corporation (ZNBC) as the intended third respondent to judicial review proceedings.
This is in a matter where the main opposition party is challenging the decision of the Electoral Commission of Zambia (ECZ) not to prescribe the amount of airtime in the public media to be allocated to all the participating political parties.
UPND secretary general Batuke Imenda is seeking an order compelling ECZ to prescribe airtime to all public television, radio and print media for the benefit of all participating political parties and independent candidates prior to the August 12 General Election.
Imenda is also seeking an order of mandamus compelling ECZ to prescribe the amount of airtime in any given language on public TV radio, electronic and print media to be allocated to all participants.
In an affidavit in support of summons for joinder of the third intended respondent filed on Tuesday by lawyers from M Associates, Imenda said ZNBC was the oldest, widest and largest radio and television service provider in Zambia which has also joined the digital age by having platforms on the internet.
He said ZNBC, a public broadcaster, was a foothold for successive ruling parties as news was usually in favour of government and the same has been witnessed throughout history.
Imenda said ZNBC has for a long time been a campaign tool and mouthpiece of government and the ruling party in its broadcasting and programming.
“ZNBC has become unfair to my party and its candidates, imbalanced and brazenly biased towards the incumbent in the campaign period announced by ECZ,” Imenda submitted.
“ZNBC has been unfairly broadcasting its content in the manner I have complained because ECZ has not performed its duties of prescribing airtime in any given language on public television or radio to a political party or candidate in the campaign period.”
He said there was no doubt that ZNBC was an electronic media whose responsibility and functions were to serve public interest as opposed to the government of the day.
The UPND secretary general said the public broadcaster had sufficient interest in the matter and was susceptible to an order for joinder to the proceedings.
Imenda said although the order of mandamus being sought was on ECZ, the blow would land on ZNBC which was the target of Regulation 8 of the Electoral Code of Conduct.
He said such an order would have an inextricable bearing on ZNBC since it was a public broadcaster.
“The joinder of ZNBC is highly necessary so that every aspect of the suit between the parties and every matter in controversy is determined in finality. The joinder is to avoid a multiplicity of actions,” said Imenda.