Judgment No. CCZ 14/201612
Const. Application No. CCZ 67/13
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constitutional obligations to respect, protect and
pro~ote the applicant's
fundamental rights and
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freedoms enshrined in ss 56(3), 58(1) & (2), 60(1a)&(4b) and 67(1)(b)(2) ofthe Constitution.
The court holds that the applicant has invoked a wrong remedy for the protection
of the fundamental rights and freedoms she alleges have been infringed. The application has to
be dismissed. The following are the reasons for the decision.
The applicant is a Member of Parliament representing the Harare West
Constituency on the MDC-T political party ticket. It is common cause that she premised the
application and the relief sought on the allegation that the first respondent has shown bias
towards the ZANU-PF political party in the selection and presentation of television and radio
programmes on political matters.
It is also common cause that as a resnlt of the alleged bias towards ZANU-PF in
the broadcasting of political programmes levelled against the first respondent ("the ZBC"), the
applicant has been refusing to pay the licence fee payable by every person in possession of an
apparatus capable of receiving broadcasting services in terms ofs 388(1) of the Act
On I July 2013 a licence inspector employed by the ZBC in terms ofs 38D(al) of
the Act arrived at applicant's residence and asked her to produce a television licence as she was
suspected on reasonable cause to be in possession of a television set at home.
When the
applicant failed to produce the licence, the inspector issued her with a notice in terms of s 38D(2)
of the Act requiring her to produce the licence at a Police station within seven days from the date