News / National
Supreme Court to hear ZBC listener's licence case
21 Aug 2012 at 06:04hrs | Views
A Harare magistrate has referred to the Supreme Court the case of a businessman charged with failing to pay for a broadcasting listener's licence.
Bernard Wekare argued that compelling people who do not listen or watch ZBC programmes to subscribe was an infringement of constitutional rights. He 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.
Harare magistrate Mr Don Ndirowei granted the man's application seeking referral of the matter to the highest court in the land to determine whether Wekare's right had been infringed upon.
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 respondents in the application. Wekare said being compelled to pay licence fees to ZBC for its services, which he did not utilise and have no future desire to utilise, constitutes a form of legislative compulsion.
He further argued that it was a clear violation of his right to contract freely without legislative compulsion as the forced payment of a licence for services he does not want constitutes an interference with his right to enter into contracts freely.
Accessing television and other broadcast programmes, he argued, should not be compulsory as much as it is not compulsory to buy a newspaper.
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 cellphones.
Bernard Wekare argued that compelling people who do not listen or watch ZBC programmes to subscribe was an infringement of constitutional rights. He 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.
Harare magistrate Mr Don Ndirowei granted the man's application seeking referral of the matter to the highest court in the land to determine whether Wekare's right had been infringed upon.
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.
He further argued that it was a clear violation of his right to contract freely without legislative compulsion as the forced payment of a licence for services he does not want constitutes an interference with his right to enter into contracts freely.
Accessing television and other broadcast programmes, he argued, should not be compulsory as much as it is not compulsory to buy a newspaper.
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 cellphones.
Source - TH
