BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) (ii) regulations, orders or notices made or issued in terms of section forty-six for the purposes of this Part; shall be guilty of an offence and liable— A. for a contravention of subsection (1) of section thirty-eight B to fine not exceeding level three; B. in the case of any offence not referred to in subparagraph A, to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) A court convicting a person of an offence of— (a) having in his possession a receiver the possession of which is not authorised by a licence referred to in subsection (1) of section thirty-eight B; or (b) making a declaration or statement referred to in paragraph (g) of subsection (1) or making use of such a declaration or statement or a document containing the same, thereby obtaining in respect of a receiver in his possession a licence referred to in subsection (1) of section thirty-eight B on payment of a fee which is less than the appropriate licence fee; may, on the application of the prosecutor and in addition to any penalty which it may impose, do either or both of the following— (i) order that the receiver concerned be forfeited to the State; (ii) give summary judgment in favour of the Zimbabwe Broadcasting Corporation for the amount of the appropriate licence fee or, as the case may be, an amount equal to the difference between the fee actually paid by the person and the appropriate licence fee. (3) On the hearing of an application referred to in subsection (2) a court shall, for the purpose of determining the amount of the appropriate licence fee and, in the case of a prosecution for an offence referred to in paragraph (b) of that subsection, the liability of the accused to pay the same, refer to the proceedings and evidence at the trial and consider such further evidence, whether oral or documentary, as may be tendered by the prosecutor and the accused. (4) A judgment given by a court in terms of subparagraph (ii) of subsection (2) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted— (a) in the case of the court of a regional magistrate, in the court of a magistrate other than a regional magistrate; or (b) in the case of a court other than the court of a regional magistrate, in the firstmentioned court. (5) If the Minister has, in terms of subsection (3) of section forty-six, classified listeners, a certificate purporting to be signed by the managing director or general manager of the Zimbabwe Broadcasting Corporation and alleging that a person is a member of a particular class of listener shall, on its mere production, be admissible— (a) on the prosecution of the person for a contravention of this Part; or (b) for the purpose of determining the amount of the appropriate licence fee to which an - 32 -