Taking into consideration the arguments raised by both counsels regarding to section 9(b) of Media Act. We start with the arguments by Mr. Mpoki, the counsel for the petitioner that, the act of the Director of Information and Culture (The Director) conferred upon him under section 9 (b) of the Media Services Act of suspending the publication and distribution of Uhuru Newspaper for 14 days is unjust violation of and curtails the petitioner's right under Article 18 to receive information and disseminate information as provided in the Constitution, section 9 (c) of the Media Service Act is couched in the following words; "Section 9, The Director o f Information Services Department or such other person acting on his behalf shall have powers to; (b) Suspend or cancel the License in the event o f failure o f license to comply with the person see conditions o f a license" It is the principle of law that, there is presumption of constitutionality of statute until that presumption is rebutted by the Petitioner by adducing to the Court evidence to the standard required under the constitutional petition as also highlighted by Ms. Kimaryo, State Attorney. It is the duty of the petitioner to establish to the Court's satisfaction on how the act performed under section 9 of the Media Act becomes unconstitutional. The proof therefore is beyond reasonable 16

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