Submitting on the unjust violation Mr. Mpoki argued that, the
petitioner's right to receive information was curtailed and further to that
her right to seek, receive and disseminate information as provided in
the Constitution was violated. He also stated that the act of not calling
the owners to defend themselves was a violation of the principle of
natural justice and that, the said act of cancellation of license to print
newspapers has a chilling effect on the exercise of the Constitutional
right to seek, receive and impart information which is contrary to the
principle of natural justice.
He further alleged that, there is a right for a person aggrieved to
appeal to against the Order, but in the section which provides for the
right to appeal, provide only three grounds of appeal which is a
curtailment and violation of fair hearing and the right to be heard, as
provided for in the constitution. He added further that, there is a room
for a person aggrieved to seek redress to the Minister, whatever the
term means, which is another violation as the Constitution allows a
person aggrieved to appeal and not to seek redress as indicated under
section 10(1) and (3) of the Media.
Clarifying the petitioner's claims, he suggested four issues to
assist the Court in determination of the petition. One whether the
5
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