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of licence sought by the applicant.
S.C. 128\02
For the same reason, I agree that the applicant
does not have the locus standi to challenge the constitutionality of s 11(4)(b), which
only affects a television broadcasting licensee.
However, I disagree with the conclusion that there is no basis for
striking down s 9(3) of the Act.
In addition, I disagree with the finding that the
applicant does not have the locus standi to challenge the constitutionality of sections
8(1), 8(2), 8(5), 11(4)(a), 12(1)(f), 12(2), 12(3), 15, 16 and 22(2) of the Act. Before
dealing with the question of the applicant’s locus standi, and determining whether the
challenged provisions of the Act are constitutional, I would like to set out very briefly
the factual background in this matter because I consider it relevant to the issue of the
applicant’s locus standi.
I would also like to deal with the presumption of
constitutionality.
The applicant is a company incorporated with limited liability in
accordance with the laws of Zimbabwe.
Its main object is the operation of a radio
broadcasting service within Zimbabwe.
Shortly after its incorporation, the applicant discovered that it could
not carry out its main object because in terms of s 27 of the Broadcasting Act
[Chapter 12:01], now the Zimbabwe Broadcasting Corporation Act [Chapter 12:01],
the Zimbabwe Broadcasting Corporation (“the ZBC”) had an exclusive monopoly
over broadcasting services in Zimbabwe.
In addition, ss 14(1) and 14(2) of the
Radiocommunication Services Act [Chapter 12:04] specifically prohibited any
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