the Criminal Procedure and Evidence Ac t [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (5). (7) Both the person responsible for recording the programmes used in a railcasting or roadcasting service and the operator of the public service vehicle or railway service who broadcasts such programmes for recep tion by passengers of such public service vehicle or railway service shall apply for a licence to provide a railcasting o r roadcasting service, as the case may be. [subsection inserted by Act 6/2003 with effect from the 19th September, 2003.] 8 Persons disqualified to be licensed (1) Subject to subsection (3), a broa dcasting licence shal l be issued only to individuals who are citizens of Zimbabwe and ordinarily resident in Zimbabwe or to a body corporate in which a controlling in terest is held, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe and ordinarily resident in Zimbabwe. (2) For the purposes of subsection (1) “controlling interest” means— (a) all of the securities in the body corporate; or (b) securities representing all of the share capital of the body corporate; or (c) securities equivalent in value to one hundred per centum of the share capital of the body corporate; or (d) securities entitling the holders thereof to all the votes in the affairs of the body corporate. (3) No licence for a community broad casting service, commercial broadcasting service or datacasting service shall be issued to a person other than a body corporate. (4) No licence shall be issued to an applicant who does not comply with Part IV. (5) No applicant that is a body corporate sh all be qualified to be licensed if any one person holds or controls more than ten pe r centum of the securities in that body corporate. (6) No person – (a) whose broadcasting service or signal transm ission station is wholly o r partly funded by foreign donations or contributions; or (b) which is a subsidiary company as defined in section 143 of the Companies Act [Chapter 24:03] , or whose broadcasting serv ice is provided as agent for, or under a franchise from, another person; or (c) convicted of an offence in terms of this Act, the Radiocommunications Act [Chapter 12:04] or the Postal and Telecommunications Act [Chapter 12:05]: shall be licensed. [substituted by Act 26 of 2001, with effect from the 1st February, 2002.] (7) No applicant shall be licensed if the applicant or any director of the applicant— (a) has, in terms of a law in force in any country— been adjudged or otherwise declared insolvent or bankrupt and has not (i) been rehabilitated or discharged; or (ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or (b) has, within the period of five years immedi ately preceding the date o f his proposed appointment, been convicted— (i) in Zimbabwe, of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; and sentenced to a term of imprisonment exceeding six months imposed without the option of a fine, whether or not a ny portion has been suspended, and has not received a free pardon. 9 Restrictions in relation to the issue of certain licences (1) Only one licence to provide a national free-to-air radio br oadcasting service and one licence to provide a nati onal free-to-air television br oadcasting service shall be issued in addition to the national broa dcasting services provided by any public