BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) 16 Suspension and cancellation of licences (1)47 Subject to this section, the Authority, on its own initiative or at the instance of any interested party48, may suspend or cancel any licence if there is evidence that ⎯ (a) the licence was issued in error or through fraud or the misrepresentation or nondisclosure of a material fact by the licensee; or (b) …49 (c) …50 (d) the licensee has ceased to provide the service or system specified in the licence; or (e) the licensee has failed to comply with any term or condition of the licence; or (f) in the case of a licensee which is a body corporate, the licensee has been finally wound up51; or (g) in the case of a licensee who is an individual, the estate of the licensee has been finally sequestrated52; or (h) the licensee has acted in a manner prejudicial to the defence, public safety, public order or public health of Zimbabwe 53; or (i) the licensee has repeatedly breached one or more provisions of the Act or of the code of conduct applicable to that licensee in terms of section twenty-four, or any standards determined in terms of section twenty-five54. (2)55 Before taking any action in terms of subsection (1), the Authority shall notify the licensee in writing of its intention to suspend or cancel the licence concerned and the reasons for doing so, and shall call upon the licensee to show cause to the Authority, within seven days of receiving the notice, why the licence should not be suspended or cancelled, as the case may be. (3)56 After receiving any representations from the licensee in terms of subsection (2) the Authority shall, if it is of the opinion that the evidence referred to in subsection (1) justifies such a course, institute a public inquiry for the purpose of determining whether or not the licence in question should be suspended or cancelled. (4) For the purposes of a public inquiry held in terms of subsection (3) the members of the Authority shall have all of the powers, rights, privileges and duties conferred or imposed upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, mutatis mutandis, in relation to any hearing conducted by the Authority and to any person summoned to give or giving evidence for the purpose of the hearing. 47 48 49 50 51 52 53 54 55 56 Introductory words amended by s. 11 of Act 6/2003. Words substituted by s. 13 of Act 19/2007. Paragraph repealed by s. 13 of Act 19/2007. Paragraph repealed by s. 13 of Act 19/2007. Paragraph substituted by s. 13 of Act 19/2007. Paragraph amended by s. 13 of Act 19/2007. Paragraph amended by s. 13 of Act 19/2007 (deletion of "public morality"). Paragraph amended by s. 13 of Act 19/2007 (insertion or reference to the Act). Subsection amended by s. 11 of Act 6/2003. Subsection amended by s. 11 of Act 6/2003. - 21 -