Sections 3(3) of SI 87 of 2006 – Application for registration This provision deals with matters related to application for registration of arts organisations. Subsection 3 provides for a list of entities (juristic persons) in which form arts organisations must be registered for legal recognition by Zimbabwean laws before they can be eligible to register with the NACZ. Going by principles on legislative interpretation, once a law provides for a list of items with the language used not suggesting that the list is just for demonstration purposes, and then any item excluded from the list has no possibility of inclusion. In other words, the list is closed for organisations that are registered in a different legal regime such as a common law universitas. A universitas is a legal entity or organisation that assumes legal recognition by mere adoption of a constitution to which members subscribe, much as a partnership comes into effect by the adoption of a partnership agreement. Therefore, limiting the form in which prospective arts organisations can be registered is a form of precensorship. Organisations are forced to seek legal recognition through avenues over which the state has absolute control. That process could be used to screen organisations presumed distasteful. This is an unnecessary limitation of practice of artistic expression and therefore inconsistent with the Constitution and Zimbabwe’s international obligations. The provision must be reformed to allow any organisation registered by way of any lawful regime in Zimbabwean law to apply for registration under the Regulations. Section 4(1) as read with 14(1) of SI 87 of 2006 – Processing Application The above provisions partly regulate applications for registration as an arts organisation or promoter, respectively. It appears the advice of District Arts Councils bears strongly on the outcome of the application before the NACZ. The worrying part is that once the District Arts Council is of the view that the Applicant (whether arts organisation or promoter) may not comply with the Regulations, or that its objects are not consistent with the objects of the NAC, 35 | P a g e