Court dismisses ‘misconceived’ challenge to legality of broadcast law

Chief Justice Ian Chang

A broadcaster’s challenge to the constitutionality of the Broadcasting Act was last month dismissed by acting Chief Justice Ian Chang, who concluded that it was “legally misconceived.”

In dismissing the motion for constitutional redress brought by Jacob Rambarran, the owner of Rambarran Broadcasting Systems Limited (RBSL), Justice Chang rejected the argument that the system for granting licences was unlawful because it is solely controlled by the executive and disregards the National Assembly, through which the people exercise their sovereignty.

Notably, Chang held in his October 24th ruling that “the National Assembly is not a supreme organ of democratic power,” even though it is a component of Parliament. “The President in whom all executive authority resides is a supreme organ of democratic power and also a component of Parliament. The National Assembly, not being a supreme organ or democratic power,