(1) The President may, after consultation with the Minister and the licensee
concerned, give that licensee such directions of a general character as appear to the
President to be requisite or expedient in the interests of national security or
relations with the government or territory outside Zimbabwe.
(2) If it appears to the President to be requisite or expedient to do so in the
interests of national security or relations with the government of a country or
territory outside Zimbabwe, he may, after consultation with the Minister and the
licensee concerned, give to that licensee a direction requiring him to do, or not to
do, a particular thing specified in the direction.
(3) A licensee shall give effect to any direction given to him in terms of this
section notwithstanding any other duty imposed on him by or under this Act.
(4) The President shall, at the earliest opportunity, publish in the Gazette every direction
given under this section, unless he is of the opinion that such publication is against the
interests of national security or relations with the government of a country or territory
outside Zimbabwe, or the commercial interests of any person.
(5) A person shall not disclose, or be required by virtue of any enactment or
otherwise to disclose, anything done by virtue of this section if the President has
notified him that the President is of the opinion that disclosure of that thing is
against the interests of national security or relations with the government of a
country or territory outside Zimbabwe, or the commercial interests of some other
person.
(6) The President may make ex gratia payments to licensees for the purpose of
defraying or contributing towards any losses they may sustain by reason of
compliance with any direction given in terms of this section.
(7) Any licensee who refuses to comply with a direction given in terms of this
section shall be guilty of an offence and liable to a fine not exceeding two hundred
thousand dollars or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.
It is quite clear from a reading of the above provisions that sections 98(2) and 103 are a
derogation of the right to freedom of expression conferred by s 20 of the Constitution.
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