"The constitutionality o f a statutory provision is not found in what
could happen in its operation but in what it actually provides for;
the mere possibility o f a statutory provision being abused in
actual operation will not make it invalid"
This goes together with Mr. Mpoki's argument that the order of
the director was done without due process of law as the UHURU
newspaper was not given adequate time to defend itself before the
Director suspends or cancels a newspaper so to limit enjoyment of
individual's right violates
13 (6) (a) and Article
15 (1) of the
Constitution such as:
-The right to be informed of the violations- the charge
-Right on the Newspaper to defend itself- express mention in the
charge
-Reasonable time to defend itself- to be in the charge
-Right to Representation- to be provided in the charge
-Right to give reasons to the affected-after cancellation of license
or suspension.
- First right to appeal to a Court of Law and not to an
Administrator or Policy Maker.
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