(b) work a telecommunication system and any apparatus or equipment necessary for its working, if the
system, apparatus and equipment is supplied by a telecommunication licensee for his exclusive use or
for the exclusive use of a group of persons of which he is a member.
(3) In pursuance of rights conferred and to the extent authorised by or under
(a) the Electricity Act [Chapter 13:05], the Zimbabwe Electricity Supply Authority; and
(b) the Railways Act [Chapter 13:09], the National Railways of Zimbabwe;
shall, subject to subsection (4), be deemed to be private telecommunication licensees for the purpose of operating
the same private telecommunication systems that they operated immediately before the fixed date.
(4) The Authority shall without delay cause private telecommunication licences to be issued to the statutory
bodies referred to in subsection (3), and those licences may be renewed or amended, but not, except with the
consent of the Minister, suspended or cancelled, in all respects as if they had been issued in terms of this Part.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
(6) In addition to any punishment it may impose under subsection (5) and without derogation from its powers
under any enactment, a court convicting a person of contravening subsection (1) shall declare forfeited to the State
any equipment or apparatus used for the purpose of or in connection with the offence:
Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for
reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus
concerned should not be forfeited.
(7) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection
(6).
36 Persons disqualified to be licensed
(1) The Authority shall not issue a cellular telecommunication licence, postal licence or telecommunication
licence to any person other than a body corporate in which a controlling interest is held, directly or indirectly,
whether through any individual, company or association or otherwise, by one or more individuals who are citizens
of Zimbabwe and ordinarily resident in Zimbabwe:
Provided that a licence may be issued to a body corporate in which no such controlling interest is held,
subject to the condition that, within a period specified in the licence, a controlling interest is held by one or more
such individuals.
(2) For the purposes of this section “controlling interest”, in relation to a body corporate holding a cellular
telecommunication licence, postal licence, radio station licence or telecommunication licence, means
(a) the majority of shares in the body corporate; or
(b) shares representing more than half the share capital of the body corporate; or
(c) shares of a value in excess of half the share capital of the body corporate; or
(d) shares entitling the holders thereof to a majority or preponderance of votes in the affairs of the body
corporate.
(3) The Authority shall not, without the authority in writing of the Minister, issue a radio station licence to a
person who is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe or to a body corporate other than a
body corporate in which a controlling interest is held in terms of subsections (1) and (2).
37 Application for and issue and publication or refusal of licence
(1) An application for a licence shall be made to the Authority in the form and manner prescribed and be
accompanied by the prescribed fee, if any, and such information or documents as may be prescribed or as it may
require, including information concerning any tariff required in terms of section one hundred.
(2) An applicant for a cellular telecommunication licence, a postal licence, a radio station licence or a
telecommunication licence who owns more than ten per centum of the shares in a body corporate which has
applied for or holds another such licence shall disclose such interest to the Authority in his application.
(3) An applicant for a cellular telecommunication licence or telecommunication licence shall specify in his
application whether the application is made in respect of the provision of a cellular telecommunication or
telecommunication service or the operation of a cellular telecommunication or telecommunication system, or both.
(4) Subject to subsection (6) and (8) and to sections forty-four and forty-seven, if on consideration of an
application in terms of subsection (1) the Authority is satisfied that
(a) the applicant will comply with such of the provisions of this Act as apply to the service or system he
intends to provide or operate; and
(b) the grant of the licence does not infringe the rights of a prior licensee; and
(c) in the case of an applicant referred to in subsection (2), the grant of the licence is not detrimental to the
interests of consumers, purchasers and other users of the services concerned;
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