Judgment No. CCZ 14/2016111 Const. Application No. CCZ 67/13 service. The constitutionality of s 38B(l) of the Act is not challenged by the applicant. The constitutional validity of s 388(1) and the other provisions of the Act on the collection of the licence fee was upheld in Bernard Wekare v The State and Others CCZ 9/2016. The provisions the validity of which is impugned are executory in that they provide for a mechanism for the fixing, collection and payment of the value of the obligation imposed by s 388(1) of the Act. The provisions in question provide the means which are appropriate for the achievement of the public purpose for which the obligation to pay tax was imposed by s 388(1). The purpose is to create a fund to guarantee, to the public broadcaster, institutional and editorial independence in the selection and presentation of programmes on television and radio. The deprivation of property in the fonn of the money collected as tax is incidental to the main purpose. Compulsory deprivation of property is not the primary purpose of the provisions. The content and purpose of the programmes the ZBC is enabled to produce, select and broadcast and the manner in which it must perform its functions are not matters for the provisions the validity of which is impugned. They are matters provided for under the requirements of Part 1 of the Seventh Schedule to the Act. It is clear from the provisions of para. (d) of Part 1 of the Seventh Schedule to the Act that in selecting and presenting the programmes the ZBC is required to act in an unbiased manner. Its conduct must be independent of government, commercial or any other interest. It must be viewpoint neutral. By specifically prohibiting programmes that are biased in favour of

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