A total of 32 radio and television stations from across the country have sued the government of Uganda challenging the legality of paying trade licenses to authorities in places where they operate from, along with the annual operation licenses levied by the Uganda Communications Commission (UCC).
The media houses say that payment of trade licenses to authorities where media houses are stationed, in addition to the annual license issued by Uganda Communications Commission (UCC) amounts to double taxation.
In the case before the Civil Division of the High Court, the media houses sued the Attorney General (AG) jointly with Kampala Capital City Authority (KCCA).
They are questioning whether KCCA has the legal mandate to levy trade license fees from the media houses after the court have already made similar decisions in cases filed by different companies.
The companies that earlier sued and won cases include Uganda Law Society, Pharmaceutical Society of Uganda, NC Bank Uganda and 24 others, Uganda Cleaning Industry and Forwarding Association; all sued KCCA and AG.
The media houses are challenging the Trade Licensing (Amendment Schedule) through which the authorities license radios and television stations that are annually licensed to carryout broadcasting services by the UCC.
They are seeking for court to determine their rights to a refund of monies paid as trade license for a period of 2017 to date.
Through their lawyers, the media houses are seeking for court determination whether the provisions of the Trade (Licensing) Instrument number 12 through which radio stations broadcasting in municipalities and those broadcasting in Kampala and television stations operating satellite connections as stipulated, are illegal, oppressive and amounts to double taxation.
The media houses together with their umbrella association; Uganda Media Owners Association allege that they are annually licensed and regulated by UCC where they pay annual fees.
The general secretary of the Uganda Media Owners Association Ms Evelyn Ochakachon, says the Statutory instrument directs radio stations operating in municipalities and towns to pay Shs375,000, Shs225,000 depending on the grade and those operating in Kampala city pay Shs1,500,000.
The case results from the 2017 trade licensing schedules issued by the Minister of Trade, Industry and Co-operatives which provide that radios and television stations operating satellite connection would pay trade license.
Ochakachon states: “Court has passed several rulings in which businesses and trades which are already regulated and licensed under different legal regimes have been exempted from paying the trade license to the first respondent (AG) and to any local government administration in Uganda.”
She states that the court has since ruled that the Minister of trade, industry and co-operatives acted irrationally when she passed amendments which seek to license businesses and trade that are already licensed by the central government body.
“That the plaintiffs being in that category of business and trade which are already licensed by the central government’s agent in this case the UCC and the amendment illegal, irrational, amount to double taxation, oppressive and the minister acted ultra vires in amending schedule,” Ochakachon states.
The media houses are Radio One Limited trading as Radio One Kampala, Radio Two Limited (Akaboozi Kampala), Africa FM Limited (Radio Simba), Basogabaino FM Limited, Best Broadcasting Services (Digida), Buddu Broadcasting Services (Buddu FM), Capital Radio 2015 Limited, Central Broadcasting Services (CBS), FM Holding Limited (Hot 100.9 FM), Galaxy FM Limited, Katinvuma Broadcasting and General Limited (Signal FM), Monitor Publications Limited (KFM & Dembe FM), Namirembe FM Limited and New Vision Printing and Publishing Corporation (X.Fm and Bukedde FM) as well as NBS Television Limited.
Others also include; Nkabi Broadcasting Services (NBS Khodeyo), Open Gate FM Limited, Power FM Limited (Power FM), Sanyu FM 2000 Limited (Sanyu FM), Touch FM Limited, Spice Media Services (Spice FM), Voice of Kigezi, Super Station Inc limited, Radio City Limited (Radio City), Voice of Toro (V.O.T), Vision Radio Limited, Radio Pacis limited, Liberty FM Limited, Crooze FM Limited, Voice of Kamwenge Limited, BBS Television limited and Africa Broadcasting Uganda Limited (NTV).