Judgment No. CCZ 9/2016 20
Const. Application No. CCZ 316/2012
The mechanism of funding was adopted as an alternative to ordinary State budget
appropriations because it would enable the ZBC to operate free of government administrative
regulations. The method of funding would also enable the ZBC to avoid government oversight
of its day-to-day operations. The idea was to keep the Government out of control of the purse
strings of the ZBC and ensure that the ZBC receives its funding directly from the public through
taxation.
State funding would give the Government the power to control the public
broadcaster’s activities particularly the selection and presentation of television and radio
programmes. There is nothing unusual about the obligation to pay the amount of money fixed by
the ZBC with the approval of the Minister by statutory instrument as a licence tax on possession
of a receiver.
Whilst giving effect to a tax-based mechanism of funding, the provisions also
give the public broadcaster the right of direct access to and control of the use of the revenue
thereby protecting it from interference by the State. The mechanism of funding given effect to by
the provisions of the Act the validity of which is challenged, shows that the scheme of public
broadcasting service provided for is not a State enterprise nor is it a State sponsored enterprise.
It is a public sponsored enterprise.
In imposing the obligation on every person who possessed a receiver to pay the
amount of money fixed and collected by the ZBC as a licence fee, the provisions authorized the
acquisition by the ZBC of property in satisfaction of the obligation. Section 38(B)(2) of the Act
Select target paragraph3
Add to table of contents