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
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