56
S.C. 128\02
show a likelihood that it would be affected by the law impugned. It has no
right to seek redress either on behalf of the general public or anyone else.
The applicant was not entitled to carry the torch for claimants and voters
generally.
The impugned provisions related to individuals who were
claimants or voters. A political party could be neither a claimant nor a voter
and thus it had no locus standi in this matter.
On the authority of the United Parties case, supra, I am satisfied that
the applicant has no locus standi to challenge sections 8(1),(2),(5) and 22(2).
The applicant next seeks to have section 9 of the Act declared
unconstitutional. Section 9 of the Act provides as follows:“9.
Restrictions in relation to the issue of certain licences
(1)
Only one licence to provide a national free-to-air radio
broadcasting service and one licence to provide a national free-to-air television
broadcasting service shall be issued in addition to the national broadcasting
services provided by any public broadcaster.
(2)
Only one signal carrier licence shall be issued to a person other
than a public broadcaster.
(3)
With the exception of a public broadcaster, a broadcasting
licence and a signal carrier licence shall not be issued to the same person.”
I have no doubt that the applicant has locus standi to challenge this
section for a number of reasons.
The applicant is applying for a radio broadcasters
licence. Section 9(1) permits the granting of only one licence to provide a national
free-to-air broadcasting service. This limitation to one licensee no doubt must affect
the applicant’s prospects of success in its endeavour to obtain a broadcasting licence.
The more the licences are available for issue the better the prospects of success for the
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