BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) (7) No applicant shall be licensed if the applicant or any director of the applicant⎯ (a) has, in terms of a law in force in any country⎯ (i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or (ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or (b) has, within the period of five years immediately preceding the date of his proposed appointment, been convicted⎯ (i) in Zimbabwe, of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; and sentenced to a term of imprisonment exceeding six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon. (8)30 Notwithstanding subsection (1) and (2), the Minister may at his or her absolute discretion grant exemptions from those provisions and permit the Authority to issue any broadcasting licence to an individual or body corporate approved by the Minister in which the controlling interest or any portion thereof is held by persons who are not citizens of Zimbabwe. 9 Restrictions in relation to the issue of certain licences31 The Authority shall, subject only to availability of band spectrum and after carrying out its functions in terms of the First Schedule, publish a notice in the Gazette and in a national newspaper inviting applications for licences to provide for national free-to-air radio broadcasting services and national free-to- air television broadcasting services in addition to the national free-to-air broadcasting services provided by the public broadcaster. 10 Application for licence (1)32 The Authority shall, subject only to the availability of band spectrum and after carrying out its functions in terms of the First Schedule, publish a notice in the Gazette and in a national newspaper inviting applications for licences to provide the broadcasting services or systems specified in the notice. (2) Subject to subsection (1), an application for a licence shall be submitted to the Authority in the form and manner prescribed, and be accompanied by the prescribed fee and such information or documents as may be prescribed or as the Authority may require, including information concerning any tariff required in terms of section forty-four. (3) Within seven days of submitting his application in the prescribed manner and form, an applicant shall publish his application in a national newspaper at his own expense and in a manner and form approved by the Authority. and the Authority shall not consider the application until it has received proof of such publication. 29 30 31 32 Subsection substituted by s. 10(c) of Act 26/2001. Subsection inserted by s. 7 of Act 19/2007. Section as substituted by s. 8 of Act 19/2007. Subsection as substituted by s. 9 of Act 19/2007. - 17 -