News / National
Paying ZBC licence violation of my rights
01 Aug 2012 at 11:27hrs | Views
A Harare man charged with failing to pay for a broadcasting listener's licence contends that compelling people who do not listen or watch ZBC programmes to subscribe was a violation of constitutional rights that needs to be determined by the Supreme Court.
Bernard Wekare is being accused of Contravening Section 38B of the Broadcasting Services Act, Chapter 12:06, alternatively Section 38 D (4) (b) as read with Section 38 D (2) of the same Act.
Wekare filed an application seeking referral of the matter to the Supreme Court on Friday last week before Harare magistrate Mr Donald Ndirowei.
He had been summoned to appear before a Harare magistrate to face criminal charges over non-payment of the licence.
In his application through his lawyer Ms Beatrice Mtetwa, Wekare argued that his rights were being violated in terms of the Constitution of Zimbabwe by being "forced" to pay for the listeners and viewer's licence. The Attorney General's office and ZBC are cited as the first and second respondents respectively.
Wekare argued that, ". . . being compelled to pay licence fees to the second respondent (ZBC) for its services, which I do not utilise and have no future desire to utilise, constitutes a form of legislative compulsion to contract with a party which I have no desire to enter into contract with.
"I contend that this constitutes a clear violation of my right to contract freely without legislative compulsion as the forced payment of a licence for services I do not want constitutes an interference with my right to enter into contracts freely.
"Accessing television and other broadcast programmes should not therefore be compulsory as much as it is not compulsory to buy a newspaper," he said.
He added that a television set has ceased to be the only provider of broadcasting services with the introduction of other gadgets such as computers and cell phones.
Prosecutor Mr Innocent Chingarande is expected to respond to the application on Thursday this week.
Bernard Wekare is being accused of Contravening Section 38B of the Broadcasting Services Act, Chapter 12:06, alternatively Section 38 D (4) (b) as read with Section 38 D (2) of the same Act.
Wekare filed an application seeking referral of the matter to the Supreme Court on Friday last week before Harare magistrate Mr Donald Ndirowei.
He had been summoned to appear before a Harare magistrate to face criminal charges over non-payment of the licence.
In his application through his lawyer Ms Beatrice Mtetwa, Wekare argued that his rights were being violated in terms of the Constitution of Zimbabwe by being "forced" to pay for the listeners and viewer's licence. The Attorney General's office and ZBC are cited as the first and second respondents respectively.
Wekare argued that, ". . . being compelled to pay licence fees to the second respondent (ZBC) for its services, which I do not utilise and have no future desire to utilise, constitutes a form of legislative compulsion to contract with a party which I have no desire to enter into contract with.
"I contend that this constitutes a clear violation of my right to contract freely without legislative compulsion as the forced payment of a licence for services I do not want constitutes an interference with my right to enter into contracts freely.
"Accessing television and other broadcast programmes should not therefore be compulsory as much as it is not compulsory to buy a newspaper," he said.
He added that a television set has ceased to be the only provider of broadcasting services with the introduction of other gadgets such as computers and cell phones.
Prosecutor Mr Innocent Chingarande is expected to respond to the application on Thursday this week.
Source - TH
