29 (b) work a telecommunication system and any apparatus or equipment necessary for its working, if the system, apparatus and equipment is supplied by a telecommunication licensee for his exclusive use or for the exclusive use of a group of persons of which he is a member. (3) In pursuance of rights conferred and to the extent authorised by or under⎯ (a) the Electricity Act [Chapter 13:05], the Zimbabwe Electricity Supply Authority; and (b) the Railways Act [Chapter 13:09], the National Railways of Zimbabwe; shall, subject to subsection (4), be deemed to be private telecommunication licensees for the purpose of operating the same private telecommunication systems that they operated immediately before the fixed date. (4) The Authority shall without delay cause private telecommunication licences to be issued to the statutory bodies referred to in subsection (3), and those licences may be renewed or amended, but not, except with the consent of the Minister, suspended or cancelled, in all respects as if they had been issued in terms of this Part. (5) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.14 (6) In addition to any punishment it may impose under subsection (5) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (1) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence: Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus concerned should not be forfeited. (7) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (6). 36 Persons disqualified to be licensed (1) The Authority shall not issue a cellular telecommunication licence, postal licence or telecommunication licence to any person other than a body corporate in which a controlling interest is held, directly or indirectly, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe and ordinarily resident in Zimbabwe: Provided that a licence may be issued to a body corporate in which no such controlling interest is held, subject to the condition that, within a period specified in the licence, a controlling interest is held by one or more such individuals. (2) For the purposes of this section “controlling interest”, in relation to a body corporate holding a cellular telecommunication licence, postal licence, radio station licence or telecommunication licence, means⎯ (a) the majority of shares in the body corporate; or 14 Subsection amended by s. 4 of Act 22/2001.