Board as a violation of his right to a fair hearing within a reasonable time by taking the matter to the High Court. It could be added here that an applicant could invoke the provision of Section 68 of the Constitution on the right to administrative justice and argue that the decision of the Censorship Board or the Appeal Board by its failure to make a decision, amounted to an administrative decision therefore subject to the requirements of a ‘lawful, prompt, efficient, reasonable and procedurally fair’ decision. Furthermore, the Censorship Board also has the power to prohibit public entertainment unless approved.61 In this particular case the Board has the discretion to give a certificate in respect of public entertainment. The Board has power to censor by prohibition of certain exhibitions and entertainment by notice in writing stating whether they have prohibited or permitted certain exhibition and entertainment. 2.6 The Appeal Procedure In conformity to access to justice standards, it is important to note that the decisions of the Censorship Board are appealable to the Censorship Appeal Board (CAB)62. The CAB may vary or set aside the decision of the Board.63 Apart from the questions of law64, which can be referred to the Supreme Court, the decision of the Board is final. The relevant Minister can override the decision of the Board which declares a publication undesirable if he/she believes the decision is not in the public interest. Much as the Censorship Act provides for an appeal procedure, the appeal procedure falls short of constitutional expectations in terms of effectiveness. With the State keen to unduly restrict the exercise of artistic freedom, it is desirable to introduce a new appeal procedure whereby all appeals against Censorship Board decisions are made to a court of law, preferably the Section Section Act 63 Section 64 Section 61 62 16 of the Censorship and Entertainment Control Act 18 which establishes the appeal board in the Censorship and Entertainment Control 19 appeal to appeal board in the Censorship and Entertainment Control Act 20 of the Censorship and Entertainment Control Act 49 | P a g e