As regards foreign artistic works, any person who imports any film that has
been prohibited shall be guilty of an offence and is liable to a fine not exceeding
level seven or two years imprisonment. Patel however states that the judiciary
has a tendency to insist on following the rules of natural justice in particular
with regards to a right to a fair hearing. Therefore, in order to be in compliance
with the Constitution, which provides for a right to a fair hearing, the
Censorship Board needs to take into account these issues when considering
such matters. This is an area for harmonization and alignment of this law to
conform to the imperative provisions of the Constitution and international
standards of freedom of expression.
2.5
Censorship of literature, pictures, statues and records
Part IV of the Act regulates the importation, production, distribution and sale
of publications including pictures, statutes and records. Administratively, the
Board is the primary control body. The Board under the Act is empowered to
examine any publications; if any part is found indecent, offensive or harmful to
public morals, such will be declared undesirable. Furthermore, if it is contrary
to the interest of defence, public safety, public order, and the economic
interests of the state or public health, the Board may still declare the items
under this category prohibited.
The Board is not under obligation to call for objections except in the case of
future periodical publications nor is it obligated to abide by the rules of natural
justice.60 In practice however, the Censorship Board has not considered
principles of natural justice when dealing with some artistic works. The case in
point is that of Tafadzwa Muzondo, the director and producer of the awardwinning theatrical production entitled No Voice No Choice. The applicant was
not given the opportunity to appeal before the Appeals Board after his play was
examined and declared undesirable by the Censorship Board. He, however,
resorted to challenging the failure of the Minister to constitute the Appeal
60Freedom
of
artistic
expression
and
censorship
in
Zimbabwe
Bharat
Patel;http://archive.lib.msu.edu/DMC/African%20Journals/pdfs/Journal%20of%20the%20U
niversity%20of%20Zimbabwe/vol24n1/juz024001005.pdf accessed 1 July 2015
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