Judgment No. CCZ 9/2016 18
Const. Application No. CCZ 316/2012
obligation. The obligation is separate and precedent to the proceeds. The authorization of any
agent by the Legislature to collect the proceeds of the performance of the obligation to pay the
money is a matter that cannot be prevented by any legal decision.
The Legislature, with full power over the subject of taxation, short of arbitrary
and unreasonable action which is not to be assumed, inserted these provisions on payment of the
revenue into the general funds operated by the ZBC in an Act specifically providing for the
raising of revenue. It is sufficient for determination of the question of their validity that these
provisions have a reasonable relation to the exercise by the Legislature of the taxing power
conferred on it by the Constitution.
It must follow that the ZBC is required to use the revenue to meet its obligations
in the performance of its functions as a public broadcaster. The revenue raised from compulsory
payment of the money is to be used in the provision of broadcasting services in the public
interest.
The ZBC is required under Part 1 of the Seventh Schedule to the Act to make
programmes available to Zimbabweans in all the languages commonly used in Zimbabwe. One
of the purposes of providing public broadcasting services is to meet the needs of the unserved
sections of the population.
The ZBC said that the revenue collected from members of the public as listener’s
licence fees is used for the benefit of the public. It revealed that the money is channeled towards
ensuring that all parts of the country have access to television and radio programmes that meet
the interests of different classes of society.
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