Judgment No. CCZ 9/2016 47 Const. Application No. CCZ 316/2012 The reasons given by the applicants for not complying with the law relate to accrual of benefits. Their contention is that programmes broadcast by the ZBC are not of the quality they expected to receive in return for the money they would have paid as licence fee for possessing a receiver. Accrual of direct personal benefits is not a factor for consideration in the determination of the question whether s 38B(1) of the Act is unconstitutional for allegedly violating the right to freedom of expression. One does not pay tax to derive a direct personal benefit. Tax is paid for a public purpose as opposed to a private purpose. In other words tax is not paid to protect personal interest. One pays a road tax for construction of a road one may never use. The argument on encryption is also based on the principle that a person must pay for the programmes he or she wants to watch. The principle is alien to the purposes of the provision of public broadcasting services. Each application is dismissed with no order as to costs. ZIYAMBI JCC: I agree GWAUNZA JCC: I agree