Judgment No. CCZ 9/2016 8
Const. Application No. CCZ 316/2012
Taken as a whole, the relevant provisions of the Act give effect to a complex
statutory scheme carefully designed for the purpose of furnishing a non-profit public
broadcasting service operated by the ZBC in the interest of the public. In the fulfilment of their
mandate, public television and radio stations operated by the ZBC in the provision of
broadcasting services are required to provide high quality news and public affairs, educational,
cultural and entertainment programmes that would otherwise not be available from profit and
commercial broadcasting.
Each provision, including those the validity of which is impugned, has as its
purpose the promotion of the attainment of the public objects prescribed by the Act. The
efficacy of the scheme for the provision of public broadcasting services embodied in the Act is
made to depend upon the existence of institutional, editorial and financial independence of the
ZBC in the performance of the functions necessary for the attainment of the objects prescribed
by the Act.
DEPRIVATION OF PROPERTY
The applicants contended that the provisions of s 38B(1) and (2) as read with
s 38E(1)(h)(i) of the Act violate the fundamental right protecting them against compulsory
deprivation of property guaranteed under s 16(1) of the Constitution. Section 16(1) of the
Constitution provides as follows:
“16: Protection from deprivation of property
(1)
Subject to section sixteen A, no property of any description or interest or right
therein shall be compulsorily acquired except under the authority of a law that” …
[the terms, substance and purpose of the provisions of the law on the basis of
which property other than agricultural land acquired for resettlement of people in