EX.CL/717 (XX)
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broadcasting regime set out in the Act in good faith, the Complainants claim that they
decided to file the Communication with the Commission.
68.
The Complainants also submit that this Communication has not been
submitted to any other international body in accordance with Article 56(7) of the
Charter.
69.
For these reasons, the Complainants submit that the Complaint satisfies each
of the requirements for Admissibility.
Respondent State’s submission on Admissibility
70.
The Respondent State contends that non-compliance with even a single
requirement under Article 56 of the Charter renders a Communication inadmissible,
and that Article 56(5) on exhaustion of local remedies has not been complied with by
the Complainants.
71.
The State avers that the record shows that CRPL approached the Supreme
Court in 2000 in the case CRPL v Ministry of information, Posts and
Telecommunications SC99/2000 and was successful in having Section 27 of the
Broadcasting Act and Sections 14(1) and 14(2) of the Radio Communications
Services Act declared unconstitutional.
72.
In the same year, the State submits, CRPL was granted an order by the High
Court of Zimbabwe to have its confiscated property returned to it, which was
accordingly returned. The Respondent State further submits that CPRL was ordered
not to carry out broadcasting services until properly licensed and in order for the
license to be issued and the air waves allocated, CPRL was required by the Court
order to submit its equipment and site for inspection. The latter was not done, and
hence, the State argues, CRPL itself has contributed to the failure to comply with the
full court order and that CRPL has not satisfied this requirement to date.
73.
The Respondent State submits that in 2002 CRPL approached the Supreme
Court, which as provided by the national law is the first court of instance in matters
relating to constitutional cases or matters relating to the Bill of Rights. The Court
considered the application on the merits and declared that Sections 6, 9(1), (2) & (3)
were unconstitutional, and declared Sections 8(1), (2) and (5), 11(4), 12(1)(f), 12(2),
12(3), 15, 16 and 22(2) constitutional. The Sections that were declared
unconstitutional, according to the Respondent State, were repealed or amended to
be in conformity with the Constitution. This record of proceedings, the Respondent
State argues, shows that CRPL was never without a remedy.
74.
The Respondent State claims that having declared some sections of the RSA
unconstitutional, and the state having amended those provisions accordingly, its
broadcasting monopoly was removed and CRPL could have taken that opportunity,
but the latter failed to apply for a license on both the first and the second calls made
in 2002 and 2004 respectively. Previously, the Respondent State alleges, other
aggrieved parties in similar circumstances sought relief from the High Court and were