77
S.C. 128\02
In the circumstances, I am satisfied that the restriction in s 9(3) is not
reasonably justifiable in a democratic society and is, therefore, in breach of s 20(1) of
the Constitution.
IV.
S 11(4)
This reads as follows:-
“Not less than ten per centum of total programming content broadcast by any
licensee shall be –
(a)
in any of the national aboriginal languages other than Shona and
Ndebele; and
(b)
in the case of a television broadcasting licensee, in a manner that may
be understood by audiences who have a hearing impairment.”
Quite clearly, the applicant has the locus standi to challenge the
constitutionality of s 11(4)(a).
Although it has not yet been issued with a radio
broadcasting licence, it has indicated its intention to apply for one and if that
application succeeds the applicant’s freedom of expression would be restricted, in
contravention of s 20(1) of the Constitution. The Declaration of Rights is, therefore,
likely to be contravened in relation to it.
However, in respect of s 11(4)(b), I am satisfied that the applicant does
not have the requisite locus standi to challenge the constitutionality of that provision.
That is so because s 11(4)(b) affects a television broadcasting licensee only, and the
applicant has not indicated that it intends to apply for a television broadcasting
licence.
Select target paragraph3
Add to table of contents