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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