Judgment No. CCZ 14/2016112 Const. Application No. CCZ 67/13 one viewpoint whilst shutting out other viewpoints ion matters of national interest Part l of the Seventh Schedule to the Act places biased conduct ln programming within the ambit of a law of general application. The applicant was bound by the principle of subsidiarity in the choice of the law on which to found the cause of action. According to the principle of subsidiarity litigants who aver that a right protected by the Constitution has been infringed must rely on legislation enacted to protect that right and may not rely on the undedying constitutional provision directly when bringing action to protect the right, unless they Want to attack the constitutional validity or efficacy of the legislation itself. See AJ van der Walt: "Constitutional Property Law" 3 ed Juta p 66, MEC for Education: KwaZulu Natal v Pi/lay 2008(l)SA 474(CC) paras 39-40, Chinva v Transet Ltd2008(2)SA 24(CC) paras. 59, 69. The cause of the alleged violation of the fundamental right not to be compulsorily deprived of property except by a law of general application satisfying the conditions set out in s71(3){b)(i) or (ii) of the Constitution is the alleged bias in favour ofZANU-PF exhibited by the public broadcaster in the selection and presentation of programmes on political matters on television and radio. Part l of the Seventh Schedule prohibits specifically biased programming by the public broadcaster. The applicant did not impugn the constitutional validity of para. (d) of Part 1 of the Seventh Schedule. The applicant was required on the principle of subsidiarity to rely on the provisions of the Seventh Schedule to the Act to protect the rights she alleged were infringed. Reliance on the provisions of the Act the validity of which was impugned was a

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