BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) (7)25 Both the person responsible for recording the programmes used in a railcasting or roadcasting service and the operator of the public service vehicle or railway service who broadcasts such programmes for reception by passengers of such public service vehicle or railway service shall apply for a licence to provide a railcasting or roadcasting service, as the case may be. 8 Persons disqualified to be licensed (1)26 Subject to subsection (3), a broadcasting licence shall be issued only to individuals who are citizens of Zimbabwe or to a body corporate in which a controlling interest is held, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe. (2)27 For the purposes of subsection (1) “controlling interest” means⎯ (a) in relation to the corporate structure of the body corporate— (i) all of the securities in the body corporate; or (ii) securities representing all of the share capital of the body corporate; or (iii) securities equivalent in value to one hundred per centum of the share capital of the body corporate; or (iv) securities entitling the holders thereof to all the votes in the affairs of the body corporate. (b) in relation to the governance of the body corporate, that the majority of persons who— (i) determine the policy of the broadcasting service; or (ii) manage the day-to-day operations of the broadcasting service; or are Zimbabwean citizens (3) No licence for a community broadcasting service, commercial broadcasting service or datacasting service shall be issued to a person other than a body corporate. (4) No licence shall be issued to an applicant who does not comply with Part IV. (5) …28. (6) No person⎯ (a) whose broadcasting service or signal transmission station is wholly or partly funded by foreign donations or contributions; or (b) which is a subsidiary company as defined in section 143 the Companies Act [Chapter 24:03], or whose broadcasting service is provided as agent for, or under a franchise from, another person; or (c) convicted of an offence in terms of this Act, the Postal and Telecommunications Act [Chapter 12:05] or the Radiocommunication Services Act [Chapter 12:04] before its repeal by the Postal and Telecommunications Act [Chapter 12:05]; shall be licensed.29 25 26 27 28 Subsection inserted by s. 6 of Act 6/2003. Subsection amended by s. 7 of Act 19/2007 (deletion of words requiring ordinary residence in Zimbabwe). Subsection as substituted by s. 7 of Act 19/2007. Subsection repealed by s. 7 of Act 19/2007. - 16 -