vs Attorney General of Burundi Reference No. 7 of 2013 and the
South African case of Print Media South African and Another vs.
Minister of Home Affairs & Another 2012 ZACC 22 were referred,
all of these emphasizing on the importance of freedom of expression as
the lifeblood of an open and democratic society.
Clarifying further, he submitted that section 9 (b) of the Media
Services Act, limits the enjoyment of the applicant's freedom of
expression contrary to the principle of proportionality tests and referred
this Court to the cases of Kukutia Ole Pumbuni & Another vs. AG
& Another (1993) TLR 159 of page 161, DPP vs Daudi Pete
(1993,) TLR 22 at page 35 and Maneka Gandhi vs. Union of India
of India (1978) 2 SCR 621.
In reply to the petition, Ms. Lucy Kimaryo, the learned State
Attorney adopting the Respondents reply to the petition and counter
affidavit to the petition. She started by pointing out that, the Petition
seeks to challenge the provision of section 9(b) of the Media Services
Act and not section 10(1) and (3) of the Act, making reference to the
cause of action for this petition from paragraph (e), (f), (g) and facts
relied upon and paragraph 6, 7 and 8 of the Petitioner's Affidavit in
support of the Originating Summon. She also drew attention of this
7
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