Judgment No. CCZ 9/2016 20 Const. Application No. CCZ 316/2012 The mechanism of funding was adopted as an alternative to ordinary State budget appropriations because it would enable the ZBC to operate free of government administrative regulations. The method of funding would also enable the ZBC to avoid government oversight of its day-to-day operations. The idea was to keep the Government out of control of the purse strings of the ZBC and ensure that the ZBC receives its funding directly from the public through taxation. State funding would give the Government the power to control the public broadcaster’s activities particularly the selection and presentation of television and radio programmes. There is nothing unusual about the obligation to pay the amount of money fixed by the ZBC with the approval of the Minister by statutory instrument as a licence tax on possession of a receiver. Whilst giving effect to a tax-based mechanism of funding, the provisions also give the public broadcaster the right of direct access to and control of the use of the revenue thereby protecting it from interference by the State. The mechanism of funding given effect to by the provisions of the Act the validity of which is challenged, shows that the scheme of public broadcasting service provided for is not a State enterprise nor is it a State sponsored enterprise. It is a public sponsored enterprise. In imposing the obligation on every person who possessed a receiver to pay the amount of money fixed and collected by the ZBC as a licence fee, the provisions authorized the acquisition by the ZBC of property in satisfaction of the obligation. Section 38(B)(2) of the Act

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