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Supreme Court set to scrutinize ZBC licences after court challenge
Zimbabwe Lawyers for Human Rights (ZLHR)
August 09, 2012

The pillaging of ordinary Zimbabweans' funds by the State-run Zimbabwe Broadcasting Corporation could soon come to end an after Harare Magistrate Don Ndirowei granted an application to have the State-run broadcaster's licencing provisions scrutinised by the Supreme Court.

Magistrate Ndirowei on Thursday 9 August 2012 referred to the Supreme Court an application filed by human rights lawyer, Tawanda Zhuwarara of Zimbabwe Lawyers for Human Rights challenging the compulsory payment of radio and television licences to ZBC by holders of radio and television sets.

Zhuwarara filed the application at the Harare Magistrates Court on 27 July 2012 on behalf of Afro Lodges, a hotel and leisure group challenging the law relied upon by ZBC to demand licence fees from all holders of radio and television sets.

The court challenge came after Afro Lodges, represented by Joseph Mandenga was summoned to stand trial at Harare Magistrates Court after being found in possession of 10 television sets in February.

But the trial could not commence after Zhuwarara filed an application in the Harare Magistrates Court seeking permission to approach the Supreme Court to challenge Section 38B, 38E and 38D of the Broadcasting Services Act Chapter 12:06.

The law, which Afro Lodges is, accused of violating, forces every Zimbabwean with either a television or a radio set to obtain a licence.

ZBC has persistently forced payment of the licence fees despite the fact that most Zimbabweans now watch foreign channels after abandoning its tedious propaganda.

In his application Zhuwarara argued that such a law and obligation is unconstitutional as it hinders freedom of expression.

"The accused alleges that Section 38B (1) is for all intents and purposes unconstitutional and therefore any prosecution based on 38B (1) of the Broadcasting Services Act and its associated provisions is untenable," reads part of Zhuwarara's application for referral to the Supreme Court. "The accused company alleges that Section 38B of the Broadcasting Services Act violates the Constitution in that the requirement that it obtains a licence for a television set hinders its freedom to expression," the application reads.

If the Supreme Court determines and grants the application in favour of Afro Lodges, the matter could have some serious ramifications for ZBC.

Desperate for cash after being deserted by advertisers, ZBC has of late resorted to ambush tactics to force reluctant citizens to pay its fees. The operations include waylaying motorists at shopping centres, at roadblocks and some door-to-door inspections.

Most Zimbabweans have abandoned watching and listening to ZBC programmes preferring digital satellite TV (DStv) service in Africa and some free-to-air channels, which offer a wide range of programmes and channels.

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