72 S.C. 128\02 Thirdly, the legislative objective of ensuring compliance with the provisions of the Act can be achieved without a total prohibition on foreign investment. Finally, the defence and security of Zimbabwe can be maintained without a total prohibition of foreign investment in private broadcasting. In the circumstances, subsections (1) and (2) of s 8 are not reasonably justifiable in a democratic society, and are therefore in breach of s 20(1) of the Constitution. In addition, these provisions contravene s 21(1) of the Constitution which guarantees freedom of association. It is the applicant’s constitutional right to associate in business with any person it chooses. II. Section 8 (5) This section reads as follows:“No applicant that is a body corporate shall be qualified to be licensed if any one person holds or controls more than ten per centum of the securities in that body corporate.” What this means is that the only company which qualifies to apply for a licence is one which has ten or more shareholders. restriction on freedom of expression. Quite clearly, this is a