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
Select target paragraph3
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