It is further submitted that the second respondent's letters tb the
applicant purporting to demand from the latter apologies were iisued
without the authority to do so. The cumulative effect, it is submitted, is
that the applicant was not given the right to be heard as the letters
requiring
it to offer
explanation
or apology
were
written
lj>y an
unauthorized person.
The other ground raised under paragraph 13 of the affidavit but
disputed
in the counter
this I court
10) is that
affidavit ( paragraph
(Bongole J) has previously issued an order restraining the Minister for
Information Culture Sports and Arts and the Registrar of Newspapers
from interfering with the activities of the applicant.
Mr. Matagane
learned
Senior
State
submissions of the applicant's counsel
Attorney countered!
by submitting
the
that the I first
respondent has the authority to ban the Newspaper because section 4
of the interpretation of Laws Act, Cap 1 defines a Minister to iticlude
a Deputy Minister. The learned Senior State Attorney invited thd court
to find no merits in the applicant's argument that the Deputy banister
(first respondent) acted ultra vires.
As
hearing,
for
that the applicant
the second ground
was
denied
Mr. Matagane submitted that he was given one and
a
Indeed
wrote a letter of apology as stated under paragraph 3 of the counter
affidavit. On the
submission
authority to demand
that
the second
respondent
Had no
explanation or apology from the applicant! . it is
submitted that the said second respondent being the secretariate 1 of the
3