Judgment No. CCZ 9/2016 28
Const. Application No. CCZ 316/2012
and messages from a broadcasting service of his or its choice. In other words what is regulated
is the possession of the means by which to benefit from the services provided by the ZBC or any
services like them.
The right to freedom of expression as enshrined in s 20(1) of the Constitution is
not absolute. The right is subject to limitations contained in or done under the authority of any
law in the cases and for purposes specified under s 20(2) of the Constitution unless the limitation
is shown not to be reasonably justifiable in a democratic society.
The effect of s 20(2) of the Constitution is that the same document that entrenches
the right to freedom of expression as a fundamental right acknowledges that the right is not
absolute. The onus was on the applicants to show that the restriction on the right to possess a
“receiver” without a listener’s licence is not reasonably justifiable in a democratic society. The
applicants failed to discharge the onus.
The principles governing the relationship between public broadcasting service and
freedom of expression reveal the justification for the restriction on the possession of receivers for
the purpose of raising revenue for the ZBC. The Zimbabwe Broadcasting Corporation is a
central medium of expression. As a public broadcaster it must be a central institution for the
effective protection of freedom of expression in the provision of public broadcasting services in a
democratic society.
Select target paragraph3
Add to table of contents