Judgment No. CCZ 14/201615
Const. Application No. CCZ 67/13
The nature of the relief sought by the applicant is telling. It is concerned with the
prevention of the alleged bias the ZBC is accused of exhibiting in favour of ZANU-PF in
broadcasting programmes on political matters on television and radio. The order sought is in the
following terms:
"IT IS DECLARED THAT;
1. Sections 38B2, 38C and 38DJ-4 of the Broadcasting Services Act Chapter 12:06 are
constitutionally invalid in that they are ultra v;res section 71(3)(b)(i) and (ii).
2. There shall be urgent enforcement of applicant's rights which are being infringed in
that 1st respondent ceases forthwith to be biased in favour of ZANU-PF or any other
political party in its programming and gives coverage equally to the applicant's and
other political parties.
3. THEREFORE IT IS ORDERED THAT:
( i)
3rd respondent permanently stays prosecution proceedings against applicant in
terms of the Criminal Procedure and Evidence Act [Chapter 9:07].
(ii) Pt, 2nd, 3rd respondents forthwith respect, protect, promote and fulfil
applicant's rights and freedoms as set out in section 44 and 45 of the
Constitution and comply with sections 56(3), 58(!)(2), 60(1)(b),
6l(la)(4b)(4c), 67(1)(b) & (2), 71(3)(b)(i) & (ii) and l55(2)(d) which
guarantee rights not to be unfairly discriminated against on the grounds of
political affiliation, freedom of association and assembly, freedom of
expression and freedom of the media, political freedom and participation and
the guarantee from unlawful deprivation of property rights.
(iii)
Pt, 2nd, 3rd respondents specifically and forthwith cease the bias and
partiality in P 1 respondent's programming by according equal coverage to
applicant's political party and others as it accords ZANU-PF.
(iv) In the alternative P 1 respondent is to encrypt its signal to be received on
subscription basis by those who wish to associate with it and ZANU(PF)
programming content.
(v)
P 1 and 2nd respondents bear applicant's legal costs."
With the exception of para. 1 of the relief sought which relates to the
constitutional invalidity of the specified provisions of the Act, there is no declaration sought to
the effect that the conduct of the ZBC is unconstitutional in that it infringes any of the
fundamental rights and freedoms listed. The Constitution confers power on a court under s 85(1)
to grant appropriate relief to an injured person who has approached it for relief. It is not the