67
S.C. 128\02
Human Rights stated in Thorgeir Thorgeirson v Iceland (1992) 14 EHRR 843, at para
63:“The Court recalls that freedom of expression constitutes one of the essential
foundations of a democratic society … Freedom of expression, as enshrined
in Article 10, is subject to a number of exceptions which, however, must be
narrowly interpreted, and the necessity for any restrictions must be
convincingly established.” (emphasis added)
This application was brought in terms of s 24(1) of the Constitution
which, in relevant part, reads as follows:“If any person alleges that the Declaration of Rights has been, is being or is
likely to be contravened in relation to him … that person … may apply to the
Supreme Court for redress.”
I now turn to the challenged statutory provisions and consider whether
the applicant has the locus standi to challenge them, and whether the provisions in
question are consistent with the Constitution.
I.
Subsections (1) and (2) of section 8
These read as follows:“(1)
Subject to subsection (3), a broadcasting licence shall be issued only to
individuals who are citizens of Zimbabwe and ordinarily resident in
Zimbabwe or to a body corporate in which a controlling interest is
held, whether through any individual, company or association or
otherwise, by one or more individuals who are citizens of Zimbabwe
and ordinarily resident in Zimbabwe.
(2)
For the purposes of subsection (1) ‘controlling interest’ means –
(a)
all the securities in the body corporate; or
(b)
securities representing all of the share capital of the body
corporate; or
(c)
securities equivalent in value to one hundred per centum of the
share capital of the body corporate; or
Select target paragraph3
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