77 S.C. 128\02 In the circumstances, I am satisfied that the restriction in s 9(3) is not reasonably justifiable in a democratic society and is, therefore, in breach of s 20(1) of the Constitution. IV. S 11(4) This reads as follows:- “Not less than ten per centum of total programming content broadcast by any licensee shall be – (a) in any of the national aboriginal languages other than Shona and Ndebele; and (b) in the case of a television broadcasting licensee, in a manner that may be understood by audiences who have a hearing impairment.” Quite clearly, the applicant has the locus standi to challenge the constitutionality of s 11(4)(a). Although it has not yet been issued with a radio broadcasting licence, it has indicated its intention to apply for one and if that application succeeds the applicant’s freedom of expression would be restricted, in contravention of s 20(1) of the Constitution. The Declaration of Rights is, therefore, likely to be contravened in relation to it. However, in respect of s 11(4)(b), I am satisfied that the applicant does not have the requisite locus standi to challenge the constitutionality of that provision. That is so because s 11(4)(b) affects a television broadcasting licensee only, and the applicant has not indicated that it intends to apply for a television broadcasting licence.