EX.CL/717 (XX) Page 46 unconstitutional on the basis of being inconsistent with Section 20(1) of the Zimbabwean Constitution, guaranteeing the right of freedom of expression. 28. There was a significant delay in hearing the matter In the interim, the Broadcasting Authority of Zimbabwe (BAZ), which was established by the Act, made a call for satellite television license applications in 2002, although formally this fell within the Minister’s ambit, not that of the BAZ. Four license applications were received but all were rejected.22 This was the first ever call for license applications under the Regulations or the Act. 29. The Supreme Court handed down its judgment on 19 September 2003, ruling that the majority of the contested provisions were either constitutional or that CRPL did not have standing to challenge them.23 The Court held four of the seventeen challenged provisions to be unconstitutional. 30. At the time of the Supreme Court’s judgment, the Zimbabwean Government enacted the Broadcasting Services Amendment Act 2003 (Amendment Act). The Amendment Act repealed Section 6 of the Act (which designated the Minister as the broadcast licensing authority). The Amendment Act did not, however, repeal any of the other provisions which the Supreme Court had ruled were unconstitutional. 31. A second call for applications, this time for both radio and television, was made in March 2004. This would have been the first ever opportunity for CRPL or other aspirant radio broadcasters to apply for a license. Once again, all of the applications were denied.24 It was announced in May 2005 that Munhumutape African Broadcasting Corporation (MABC) was short listed by the BAZ for further consideration for a license but in August 2005 the BAZ denied MABC’s application.25 32. In September 2004, the Zimbabwean Government enacted subordinate legislation outlining the schedule of broadcast license fees for broadcasting licenses.26 These license fees were prohibitively expensive given the increasingly difficult economic situation in Zimbabwe and hence constituted a further barrier to the feasibility of private broadcasting in Zimbabwe. The license fee for a 10-year national commercial radio broadcasting license was set at ZM$ 672 million (approximately US$ 159,620 at the time) coupled with a ZM$ 5 million (US$ 1,187) non-refundable application fee, and a frequency fee of ZM$ 800,000 (US$ 190) per month. For a 10year national commercial television license, the fee was ZM$ 840 million ( US$ 199,525), along with the application fee. For a local commercial radio license, the fee was ZM$ 14 million (US$ 3,325). 22 23 24 25 26 IFEX Update ‘Information Minister rejects applications for satellite broadcasting licenses’ 12 July 2002. Capitol Radio (Private) Limited v the Broadcasting Authority of Zimbabwe, the Minister of State for Information and Publicity and the Attorney General of Zimbabwe. Judgment No S.C 128/02 (Capitol Radio). Judgment was handed down on 19 September 2003. US Department of State Bureau of Democracy, Human Rights and Labour, Country Report Zimbabwe 2004, Section 2a. Zimbabwe Independent ‘MABC denied license’ 16 September 2005. Broadcasting Services (Licensing and Content) Regulations 2004, Statutory Instrument 185 of 2004.