63 S.C. 128\02 person, other than the ZBC, from possessing or working a radio station for the purpose of carrying on a broadcasting service in Zimbabwe. Consequently, the applicant, acting in terms of s 24(1) of the Constitution, filed a court application in this Court challenging the constitutionality of the aforementioned provisions in both Acts. It alleged that the said provisions were inconsistent with s 20(1) of the Constitution and were, therefore, invalid. That contention was conceded by the respondent in that application, who is now the second respondent in the present application. Accordingly, on 22 September 2000 this Court issued an order declaring that the aforementioned provisions in both Acts were inconsistent with s 20(1) of the Constitution and were, therefore, invalid. In addition, the Court declared that the applicant was entitled under the law to operate a broadcasting service in Zimbabwe. The relevant part of the order reads as follows:- “In the premises and for the sake of clarity, it follows that: (a) The applicant is entitled under the law to operate and provide a broadcast service from within Zimbabwe. (b) The applicant is entitled under the law to import into Zimbabwe all radio and other equipment to operate a commercial radio station and to broadcast within and outside Zimbabwe, subject to the payment of all customs dues and import taxes lawfully levied in terms of the law, and to possess and utilise such broadcast equipment.” See Capital Radio (Pvt) Ltd v Minister of Information (1) 2000 (2) ZLR 243 (S) at 244B-C.