Tendai Kamhungira • 21 July 2016 1:27PM • 4 comments
HARARE - The Constitutional Court has ruled that paying radio and television licences is mandatory for all listeners and viewers with signal receiving devices in a verdict which empowers the State broadcaster — Zimbabwe Broadcasting Corporation (ZBC) — to collect fees from the resisting public.
ZBC lawyer Tazorora Musarurwa yesterday confirmed to the Daily News that the court granted the case in the broadcaster’s favour.
This comes after Musangano Lodge and Bernard Wekare approached the court challenging the constitutionality of paying ZBC licences.
Wekare approached the Constitutional Court after he had been summoned to court on criminal charges for failure to pay licence fees.
In his application, Wekare argued that the “forced” payment of licences is “draconian”.
Wekare told the court during the application that the forced payment of ZBC licences breached his right to freedom of expression, freedom of association and protection from discrimination among other rights.
“Being compelled to pay licence fees to the 2nd 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.
“The forced payment of a licence for services I do not want constitutes an interference with my right to enter into contracts freely,” Wekare said in the application.
He added, “Accessing television and other broadcast programmes should not therefore be compulsory as much as it is not compulsory to buy a newspaper.”
Wekare also challenged the non-payment of licences to holders of other receivers like computers and cell phones who are also accessing the same services.
Musangano Lodge and Wekare’s cases are similar to Harare West MP Jessie Majome’s matter, which is also still pending at the Constitutional Court.