Taking into consideration the arguments raised by both counsels
regarding to section 9(b) of Media Act. We start with the arguments by
Mr. Mpoki, the counsel for the petitioner that, the act of the Director of
Information and Culture (The Director) conferred upon him under
section 9 (b) of the Media Services Act of suspending the publication
and distribution of Uhuru Newspaper for 14 days is unjust violation of
and curtails the petitioner's right under Article 18 to receive information
and disseminate information as provided in the Constitution, section 9
(c) of the Media Service Act is couched in the following words;
"Section 9, The Director o f Information Services Department or
such other person acting on his behalf shall have powers to;
(b) Suspend or cancel the License in the event o f failure o f license
to comply with the person see conditions o f a license"
It
is the
principle
of
law that,
there
is
presumption
of
constitutionality of statute until that presumption is rebutted by the
Petitioner by adducing to the Court evidence to the standard required
under the constitutional petition as also highlighted by Ms. Kimaryo,
State Attorney. It is the duty of the petitioner to establish to the Court's
satisfaction on how the act performed under section 9 of the Media Act
becomes unconstitutional. The proof therefore is beyond reasonable
16
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