Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Constitutional Court

Benard Wekare v The State and The Attorney General of Zimbabwe and Zimbabwe Broadcasting Corporation Musangano Lodge (Pvt) Ltd t/a Musangano Lodge v The State and Zimbabwe Broadcasting Corporation

[2016] ZWCCZ 9

Case Details

Court
Constitutional Court
Date
20 July 2016
Citation
[2016] ZWCCZ 9
Judgment No.
CCZ 9/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
Malaba DCJ
Full Bench
Malaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCCMavangira AJCC
Areas of Law
Constitutional LawBroadcasting LawAdministrative Law
Keywords
licence feespublic broadcastingtaxationconstitutional rightsZimbabwe Broadcasting Corporation
Tags
constitutional challengebroadcasting regulationlicensing feesfreedom of expressionright to propertyprotection of the law
legislation
Statutes Cited
  • Broadcasting Services Act
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Constitution of Zimbabwe (former)
  • Zimbabwe Broadcasting Corporation (Commercialization) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether sections 38B(1), 38C, 38D(2) and 38E(1)(h)(i) of Broadcasting Services Act infringe the constitutional right to protection from compulsory deprivation of property","issue_type":"constitutional","dispositive":"no","related_facts":"Licence fees compulsory and paid to ZBC general funds"}
  • {"issue_text":"Whether the licence fee provisions violate the right to protection of the law under section 18(1) of Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Definition of \"receiver\" and criminalization of possession"}
  • {"issue_text":"Whether licence requirement infringes freedom of expression under section 20(1) of Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Restriction on possession of receivers for broadcasting"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two separate applicants challenged the constitutionality of provisions requiring payment of television licence fees to Zimbabwe Broadcasting Corporation, arguing they violated constitutional rights to property, protection of law, and freedom of expression.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →