25
S.C. 128\02
Section 11 and the Fifth Schedule of the Act which are impugned seem to be
modelled on the above provisions of the British Act.
The same Act is also significant in that it lays the basis for the
licensing of Television Channels 3,4 and 5.
While the Act specifies a number of
criteria for the selection of a licensee, it makes special precautionary provisions for
the cash dimension of set criteria.
Nominally, section 17 provided that the licence
should go to the highest cash bid. However, section 17(5) qualifies this in a way that
betrays the locus of licensing power.
It provides that should the Commission have
any reason to suspect in respect of an applicant that “any relevant source of funds is
such that it would not be in the public interest for the licence to be awarded to him”,
the application together with supporting documents is referred to the Secretary of
State.
The Commission shall not award the licence in such a case unless the
Secretary of State has given his approval.
Subsection 17(6) states:-
“On such a reference the Secretary of State may only refuse to give his
approval to the licence being awarded to the applicant in question if he is
satisfied that any source of funds is such that it would not be in the public
interest for the licence to be awarded."
The above section confers on the British Secretary of State, a political functionary,
considerable power to determine what constitutes in the public interest for the purpose
of refusing or the granting of a broadcasting licence. Section 4 of the Zimbabwean
Act constitutes the Broadcasting Authority to be appointed by the Minister after
consultation with the President composed of no fewer than five and not more than
Select target paragraph3
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