Judgment No. CCZ 9/2016 6
Const. Application No. CCZ 316/2012
(d)
(e)
(f)
(g)
(h)
a period not exceeding six months or to both such fine and such
imprisonment.
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contravenes–
(l) subsection (1) of section thirty-eight B shall be guilty of an offence and
liable to a fine not exceeding level three.”
Section 38(B)(1) as read with s 38E(1)(h)(i) of the Act imposes an obligation on a
person who is in possession of an apparatus capable of receiving broadcasting service and is not
exempted from obtaining a listener’s licence.
Sections 38(B)(1) and (2) as read with
s 38E(1)(h)(i) of the Act, impose an obligation on a person who is in possession of a receiver to
pay an amount of money fixed by the ZBC as the appropriate licence fee in terms of subs(2) of
s 38B. The licence fee must be collected by the ZBC or its appointed agents. The money is
required to be paid into the general funds of the ZBC before it can be used by the corporation as
revenue to meet the costs of performance of its functions in providing public broadcasting
services in terms of the Act. The primary purpose of the provisions is to establish a mechanism
for the funding of the provision by the ZBC of public broadcasting services without interference
from government, corporate or other powerful interests.
The provisions the validity of which is impugned form part of the Act containing
other provisions on non-financial matters relating to the provision of public broadcasting
services. In s 2A the Act sets out the purposes for which it was enacted and the objectives to be
attained by means of the provisions it contains. The Act provides in s 2A(1)(e) and (f) that its
purpose is to regulate broadcasting services to attain, amongst others, the following objectives:
“(e) to promote public broadcasting services in the interest of the public;