85
S.C. 128\02
I now wish to set out the legislative objectives of ss 12(2) and 12(3)
before determining whether the two provisions are reasonably justifiable in a
democratic society.
In respect of s 12(2), the legislative objectives given by the second
respondent are as follows:-
“to ensure compliance with the Act;
to raise revenue for the State, and therefore, the public;
to encourage competitiveness and therefore the provision of a high-quality
service.”
In respect of s 12(3), the legislative objective is set out by the second
respondent as follows:“… the purpose of a community broadcasting licence is to allow certain
communities the right within specific licence areas, to broadcast to their
respective communities. We have thousands of communities in our country,
which are very diverse, and sometimes have conflicting interests … The
State has an obligation to allow each and every community in this country to
express themselves, but can only do that in the context of the limited
frequencies that are available within Zimbabwe. Therefore, restricting the
validity of a community broadcasting licence to just one year, non-renewable,
is one way of ensuring that at some point every community will have had the
opportunity to broadcast.” (emphasis added)
Quite clearly, the second respondent is labouring under the
misapprehension that a community broadcasting licence is non-renewable.
pertinent to note that s 14, which deals with renewals, does not say that.
It is
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