EX.CL/717 (XX) Page 43 alternative broadcasting premises at the Monomotapa Crowe Plaza Hotel and set up a broadcasting studio in one of the offices there. 7. A music signal was set up on a broadcasting loop while the scope of the coverage was tested and it was determined what additional equipment was required for an improved signal. 8. Following the commencement of CRPL’s broadcast, the Respondent State is reported to have stated a number of times in the media that CRPL was operating illegally and referred to CRPL as a “pirate radio station”.4 9. On 1 October 2000, the Minister of State for Information stated in a Zimbabwe Broadcasting Corporation (ZBC) telecast that he would be “taking appropriate action” against CRPL. 10. On 3 October 2000, an article appeared in The Herald newspaper which indicated that the Inspector Division of the Posts and Telecommunications Corporation (PTC) considered that CRPL’s broadcasting service may be in breach of Sections 12 and 13 of the Radio-communications Service Act (RSA).5 11. Following this, on 4 October 2000, CRPL applied to the High Court for an order declaring that the RSA does not apply to CRPL’s broadcast service and to restrain the Respondent State and police from interfering with its broadcasting on the alleged violation of the RSA.6 12. On the same day, the Minister made an application to the High Court seeking an interdict prohibiting CRPL from broadcasting on the basis that it was contravening Sections 12 and 13 of the RSA. A search warrant was also issued by a magistrate on 4 October 2000 permitting the Assistant Police Commissioner to search CRPL’s broadcasting premises and all related premises, and to seize its broadcasting equipment.7 13. The police sought to exercise the search warrant that day, arriving at CRPL’s broadcasting premises that afternoon. Upon the arrival of the police, CRPL made an urgent ex-parte application to the High Court seeking a stay of execution of the search warrant. 14. The High Court heard the application immediately and granted the stay of execution, holding that the search warrant was invalid for a number of reasons.8 In particular, the Court declared that there was no possibility of CRPL breaching Sections 12 and 13 of the RSA as these provisions did not apply to CRPL and, in any case, these provisions were no longer enforceable since the Supreme Court had 4 5 6 7 8 See The Herald ‘Move to Crackdown on Broadcasting Site of Pirate Radio Stations’ 3 October 2000. Ibid Brooks certificate of urgency and Auret’s founding affidavit (Annex A6 & A7) Search warrant (Annex A8) Court transcript of ex-parte application (Annex A9)