47 S.C. 128\02 “4.1 The operations of the Authority shall, subject to this Act, be controlled and managed by a board to be known as the Broadcasting Authority of Zimbabwe Board. 4.2 Subject to subsection (3), the Board shall consist of not fewer than five members and not more than nine members appointed by the Minister after consultation with the President and in accordance with any directions that the President may give him. 4.3 In appointing the members of the Board the Minister shall endeavour to ensure that members are representative of groups or sectors of the community. 4.4 Third Schedule shall apply to the qualifications of members of the Board, their terms and conditions of office, vacation of office, suspension and dismissal, and the procedure to be followed by the Board at its meetings.” Section 4(1) provides for the establishment of the Broadcasting Board (the Board). It is not impugned and there is nothing controversial about it. Section 4(2) provides that the Board should consist of not fewer than five members and not more than nine members appointed by the Minister after consultation with the President and in accordance with any directions that the President may give. Section 4(3) provides that in appointing members of the Board the Minister shall endeavour to ensure that members are representative of groups or sectors of the Community. The challenge to section 4 and 6 of the Act was based on the lack of independence from government control of the regulating authority created under the Act and the undue influence of the Minister in the licensing process. Mr de Bourbon submitted that sections 4 and 6 ensures that the responsible Minister, the second respondent, remains firmly in control of the licensing process and the Broadcasting Authority. He further submitted that the Minister retains ultimate licensing power to issue, renew, amend and suspend, or cancel licences. In essence Mr de Bourbon’s