Judgment No. CCZ 14/201618
Canst. Application No. CCZ 67/13
respondents to seek to justify the threatened infringe~ent of prisoners' rights to register as voters
'
in an election as there was no law of general applicatlon upon which they could rely to do so.
In Minister of Safety and Security and Another v Xaba 2003(2) SA I 03(0), police
officers compelled a suspect to have surgery to remove a bullet that they believed would provide
evidence connecting the suspect to a crime he was alleged to have committed. Neither the
Criminal Procedure Act nor any other law authoriz¢:s surgery without consent. As a result, the
exercise of State power to compel surgery of a suspect in the absence of legal authority failed to
satisfy the law leg of the test for law of general application. See also: Woolman and Bishop
supra p 34-59, De Lille and Anor v Speaker of National Assembly I 998(3) SA 430 (C), Pretoria
City Council v Walker 1998(2) SA 363.
The conduct complained of in this case is the alleged biased selection and
presentation of television and radio programmes b:y the public broadcaster in favour of ZANUPF political party. There is a law of general application prohibiting specifically such conduct by
a public broadcaster. Part 1 of the Seventh Schedule to s ll(l)(bl) of the Act on programming
by Public Broadcasters provides:
"REQUIREMENTS FOR PUBLIC BROADCASTERS:
The broadcasting service operated by a public broadcaster shall,
(a)
(b)
(c)
(d)
Provide news and public affairs programming which meets the highest standards
of journalism which is fair and uhbiased and independent from government,
commercial or other interests."