Zinara, ZBC joint licensing regime challenged In court

A Harare motorist has approached the High Court seeking to overturn a section of the Broadcasting Services Act, arguing that it violates the constitutional right to equal protection before the law.

Adam Bwanya is challenging section 38B(4) of the Act, which was introduced through an amendment published on May 23 this year. The provision restricts the issuance of vehicle licences and insurance policies by the Zimbabwe National Road Administration (Zinara) and insurance companies to applicants who hold a valid Zimbabwe Broadcasting Corporation (ZBC) radio licence or an exemption certificate, unless the vehicle has no radio installed.

Bwanya, who owns a Nissan March equipped with a radio, contends that the requirement unfairly targets motorists while exempting other owners of radio receivers. His application, filed through lawyer Brighton Sadowera, cites the Information Minister, ZBC, Zinara and the Justice Minister as respondents.

In his court papers, Bwanya argues that the provision violates section 56(1) of the Constitution, which guarantees equal protection and equal benefit of the law. He noted that while both motorists and non-motorists may possess radio receivers, only motorists are compelled to pay for a ZBC radio licence before accessing unrelated services.

"We are both liable to pay for a radio licence yet inexplicably it is only I, the motorist, who is subjected to the requirement to pay for the radio licence before I pay for a motor vehicle road licence and motor vehicle insurance," he stated, drawing a comparison with a shop owner who uses a radio but faces no similar restrictions.

Bwanya argued that a business owner may obtain a shop licence without presenting a ZBC licence, and non-motorists may secure tax clearance from the Zimbabwe Revenue Authority (Zimra) without satisfying any broadcasting-related conditions. He submitted that there is "no rational or objective basis" for the distinction created by the provision and suggested that if the intention is to boost ZBC revenue or enforce compliance, it should apply uniformly to all radio owners.

He further argued that the requirement is neither fair nor reasonable and cannot be justified in a democratic society founded on openness, equality, freedom and human dignity.

The matter is now before the High Court and awaits determination.