Judgment No. CCZ 14/201613
Canst. Application No. CCZ 67/13
of service of the notice. The applicant had as far back as 15 September 2012 resolved to disobey
the law and not pay the licence fee for the television and radio sets she possessed.
In para. 15 and 16 of the founding affidavit, the applicant reveals her resolve not
to obey the law. She said:
"15. I did not produce the television licences at the police station and I will not do so.
This means therefore that I am in contravention ofs 356(1)(a) of the Criminal Procedure
and Evidence Act [Chapter 7:09] and am liable for prosecution in terms of this particular
Act.
16. I hasten to submit that my nonwcompliance with the afore-mentioned statutes is
indeed purposeful but it is by no means wilful and contemptuous of the law."
A study of the founding affidavit shows that the cause of action on the basis of
which relief is sought is the alleged bias exhibited by the ZBC in favour of ZANU-PF in the
selection and presentation of television and radio programmes of political issues of national
importance. The applicant accepts the fact that the ZBC is a public broadcaster with a mandate
under the Act to provide a balanced and neutral broadcasting service to the public.
She accused the ZBC of partiality in broadcasting political events. She produced
as evidence of the alleged bias by the ZBC in favour of ZANU-PF in the selection and
presentation of programmes on political matters documentary reports produced by an
organization called Media Monitoring Project of Zimbabwe (MMPZ).
In para. 20 of the founding affidavit the applicant said:
"20. The evidence of 1st respondent's bias towards ZANU-PF is overwhelming and selfevident to even the ordinary reasonable viewer. Evidence of the bias is adduced hereto