Judgment No. CCZ 9/2016 4 Const. Application No. CCZ 316/2012 for determination the questions of the constitutionality of the relevant provisions of the Act in a bid to escape conviction. The applicant in the second case is a company with limited liability incorporated in terms of the laws of Zimbabwe. It carries on a hospitality business in Odzi under the style “Musangano Lodge”. The applicant company was arraigned before the Magistrates Court in Mutare on a charge of contravening s 38(B)(1) as read with 38E(1)(h)(i) of the Act. The allegation was that it had under its possession at the business premises, eight television sets without a licence issued by the ZBC or its agents. The alternative charge was that the applicant contravened s 38D(2)(b) as read with s 38E(1)(C) of the Act in that its director failed to produce a licence in respect of the television sets in terms of a notice served upon it in terms of subs(2) of s 38D of the Act. The applicant company admitted that it knowingly possessed, at the place of business, eight television sets without a licence. There was no defence to the charge on the merits. The company raised as a defence the allegation that the provisions of the Act under which it was charged are constitutionally invalid. It requested the presiding magistrate under s 24(2) of the Constitution to refer the question of the constitutionality of the relevant provisions of the Act to the Supreme Court for determination. The provisions of the Act are as follows: “38B Licensing of listeners (1) No listener shall have in his possession in Zimbabwe a receiver otherwise than in accordance with the terms and conditions of a licence issued by the Zimbabwe