Judgment No. CCZ 9/2016 5
Const. Application No. CCZ 316/2012
(2)
(3)
Broadcasting Corporation or by agents of the Zimbabwe Broadcasting
Corporation appointed by it in terms of subsection (a1) of section thirty-eight D.
The fees payable on the issue of licences referred to in subsection (1) shall be
fixed by the Zimbabwe Broadcasting Corporation with the approval of the
Minister by statutory instrument and the Zimbabwe Broadcasting Corporation
may fix different fees for different prescribed classes of listeners:
Provided the Minister may, after consultation with the Zimbabwe Broadcasting
Corporation, exempt any class of listeners from payment of all or any of the fees
referred to in this subsection.
…
38C Collection of licence fees
Licence fees referred to in subsection (2) of section thirty-eight B, less such
amounts as may be payable for the services of the agents of the Zimbabwe Broadcasting
Corporation referred to in subsection (1) of section thirty-eight B, shall be paid into the
general funds of the Zimbabwe Broadcasting Corporation for the use of the Corporation.
38D Appointment of inspectors and powers of inspectors and police officers
(a1) The Zimbabwe Broadcasting Corporation may appoint persons employed by it to be
inspectors for the purposes of this Part and shall furnish each person so appointed with a
certificate signed on behalf of the company stating that he has been appointed as an
inspector.
(1)
An inspector or police officer may require a person who he has reasonable cause
to suspect is a listener to produce his licence for inspection.
(2)
If a person referred to in subsection (1):
(a)
is unable to produce his licence on demand; or
(b)
cannot be located at his usual or last known place of abode or business;
the inspector or police officer concerned may serve on that person a notice in the
prescribed form requiring that person to produce that notice and his licence to the
police officer in charge of a police station within a period of seven days from the
date of service of that notice.
(3)
…
(4)
If a person referred to in subsection (1) who is unable to produce his licence on
demand or cannot be located at his usual or last known place of abode or business
is served with a notice referred to in subsection (2) and
(a)
fails to comply with the requirement contained in that notice, he shall be
presumed, until the contrary is proved not to have been issued with a
licence.
(b)
…
38E Offences and penalties under Part VIIIA
(1)
A person who
(a)
…
(b)
…
(c)
fails to comply with the requirements contained in a notice served on him
in terms of subsection(2) of section thirty-eight D shall be guilty of an
offence and liable to a fine not exceeding level five or to imprisonment for