(d)
the licensee has ceased to provide the servic e or system specified in
the licence; or
(e)
the licensee has failed to comply with any term or condition of the
licence; or
(f)
in the case of a licensee which is a body corporate, the licensee has
been provisionally or finally wound up or placed under judicial management; or
(g)
in the case of a licensee who is an individual, the estate of the licensee
has been provisionally or finally sequestrated; or
(h)
the licensee has acted in a manner prejudici al to the defence, public
safety, public order, public morality or public health of Zimbabwe; or
(i)
the licensee has repeatedly breached one or more provisions of the
code of conduct applicable to that licens ee in terms of section twenty-four, or any
standards determined in terms of section twenty-five.
(2) Before taking any action in terms of s ubsection (1), the Authority shall notify the
licensee in writing of its intention to susp end or cancel the licence concerne d and the
reasons for doing so, and shall call upon the licensee to show cause to the Authority,
within seven days of receiving the notice, why the licence should not be suspended or
cancelled, as the case may be.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
(3) After receiving any representations from the licensee in terms of subsection (2)
the Authority shall, if it is of the opinion that the evidence referred to in subse ction
(1) justifies such a course, institute a publ ic inquiry for the purpose of determining
whether or not the licence in question should be suspended or cancelled.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
(4) For the purposes of a pu blic inquiry held in terms of subsection (3) the members
of the Authority shall have all of the powers, rights, privileges and duties conferred or
imposed upon a commissioner by the Commissi ons of Inquiry Act [Chapter 10:07],
other than the power to orde r a person to be detained in custody, and sections 9 to 13
and 15 to 18 of that Act shall apply, muta tis mutandis, in relation to any hearing
conducted by the Authority and to any pers on summoned to give or giving evidence
for the purpose of the hearing.
(5) If, at the conclusion of a public inqui ry held in terms of subsection (3), the
Authority is satisf ied for any reason specified in subs ection (1) that the licence
concerned should be suspended or cancelled, the Authority shall, by notice in writing
to the licensee, suspend or can cel the licence or ta ke such other action as it considers
appropriate, and publish a notic e in the Gazette of such suspension or cancellation or
other action.
[substituted by Act 6/2003 with effect from the 19th September, 2003.]
(6)No licence shall be of any force or effect during any period of its suspension.
17
Licensee to inform Authority of changes
(1) A licensee shall without delay, but in any case no later than fourteen days after he
becomes aware of the alteration, inform the Authority of any material alteration in the
information or particulars furnished by him when he applied for his licence.
(2) A licensee shall without delay inform the Authority of any transfer to or by any
single person of more than ten per centum of the shares in the licensee.
18
Transfer of licences prohibited
No licensee shall assign, cede, pledge, transfer or sell his licence to any other person,
or surrender his programming duties to another entity outside his establishment. Any
such assignment, cession, pledge, transfer, sale or surrender shall be void.
PART IV
LIMITATION OF CONTROL
19
Limitation of cross-ownership between broadcasters, signal carrier licensees,
newspapers, telecommunications licensees and advertising agents
(1) No broadcasting licensee—
(a)
shall own, control or hold any securities in another broadcasting