Judgment No. CCZ 9/2016 15 Const. Application No. CCZ 316/2012 Legislature is unrestricted in its choice of subjects on the basis of which to impose the obligation to pay the money. Section 3 of the Zimbabwe Broadcasting Corporation (Commercialization) Act, 2001 (No. 26 of 2001) provides: “3. Formation of signal carrier and broadcasting companies. The Minister shall take such steps as are necessary under the Companies Act [Chapter 24:03] to secure the formation of the following two successor companies, limited by shares, which shall be the successor companies to the corporation for the purposes of this Act, (a) A broadcasting company, which will, subject to this Act, take over the functions of broadcasting, and such assets, liabilities and staff of the Corporation as are connected with those functions; --“ Section 2 of the Act defines a “public broadcaster” to mean the Zimbabwe Broadcasting Corporation referred to in s 3 of the Zimbabwe Broadcasting Corporation Act [Cap. 12:01] or any other broadcasting entity established by law which is wholly owned or controlled by the State. (the underlining is mine for emphasis). Section 5 of Act No. 26 of 2001 makes it clear that the ZBC is wholly owned by the State. It provides: “5. Initial shareholding in successor companies. (1) All the shareholders of the signal carrier company and the broadcasting company on incorporation shall be persons nominated by the Minister, after consultation with the President and in accordance with any directions that the President may give him and shall hold their shares on behalf of the State. (2) Any person so appointed to hold shares, shall do so nominally as an agent for the State.” There is no doubt that the ZBC is a “public broadcaster” incorporated to carry out the functions of providing public broadcasting services. The primary purpose for the creation of a public broadcaster is to ensure that there is a balanced and consistent presentation to the public