Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa (296/06) [2007] ZASCA 90; 2008 (2) SA 164 (SCA) ; [2007] 3 All SA 484 (SCA); 2007 (10) BCLR 1136 (SCA) (8 June 2007)

Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa (296/06) [2007] ZASCA 90; 2008 (2) SA 164 (SCA) ; [2007] 3 All SA 484 (SCA); 2007 (10) BCLR 1136 (SCA) (8 June 2007)

Icasa failed to consider the appellant's application for a community broadcasting licence in respect of the target area identified by the appellant, and instead treated it as an application for a licence in respect of RFP licence area 18 only. This constituted an unreasonable and irrational administrative action. The statutory requirements regarding democratic election of the board and employment equity were misinterpreted by Icasa. The appellant is entitled to have its application properly considered for the actual target area. Accordingly, Icasa's refusal must be set aside and the matter referred back for reconsideration.

Citation
[2007] ZASCA 90
Parties
Appellant: Radio Pretoria; Respondent: Chairperson of the Independent Communications Authority of South Africa; Respondent: Independent Communications Authority of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 June 2007
Case Number
296/06
Procedural Posture
Civil Appeal / Appeal From High Court Dismissal of Review Application
Outcome
Appeal upheld; Icasa's refusal of the appellant's applications set aside and referred back for reconsideration.
Judges
Howie, Streicher, Brand, Hancke, Musi
Legal Topics
Broadcasting Licensing, Review of Administrative Action, Community Broadcasting, Promotion of Administrative Justice Act
Administrative Law Telecoms and Media Broadcasting Licensing Review of Administrative Action Community Broadcasting Promotion of Administrative Justice Act

Case Brief

Summary, issues, holding and outcome

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Parties

Radio Pretoria

Appellant

Chairperson of the Independent Communications Authority of South Africa

Respondent

Independent Communications Authority of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Dismissal of Review Application

Legal Issues

  1. 1 Whether Icasa properly considered the appellant's application for a community broadcasting licence for the target area identified.
  2. 2 Whether Icasa's refusal was based on a misinterpretation of the application area and relevant statutory requirements.
  3. 3 Whether the reasons furnished by Icasa for refusal were rational and lawful.

Ratio Decidendi

Icasa failed to consider the appellant's application for a community broadcasting licence in respect of the target area identified by the appellant, and instead treated it as an application for a licence in respect of RFP licence area 18 only. This constituted an unreasonable and irrational administrative action. The statutory requirements regarding democratic election of the board and employment equity were misinterpreted by Icasa. The appellant is entitled to have its application properly considered for the actual target area. Accordingly, Icasa's refusal must be set aside and the matter referred back for reconsideration.

Court Disposition

Appeal upheld; Icasa's refusal of the appellant's applications set aside and referred back for reconsideration.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court a quo is set aside and replaced with an order that Icasa's refusal of the applications for a community broadcasting licence and a signal distribution licence are set aside and referred back for reconsideration.