South Africa Case Law

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023)

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

Court

Supreme Court of Appeal

Case number

1133/2023

Judges

Dambuza, Mbatha, Dolamo

The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

Source excerpt

• Broadcasting Licence Renewal
• Retrospective Application Of Regulations
• Condonation Of Late Filing
• Statutory Interpretation
• Regulatory Discretion

Chairman of the Independent Communications Authority of South Africa v Pretoria FM NPC (050968/2022)

Chairman of the Independent Communications Authority of South Africa v Pretoria FM NPC (050968/2022) [2025] ZAGPPHC 386 (3 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

050968/2022

Judge

Retief

Leave to appeal was refused in a review matter about ICASA’s disqualification of community broadcasting licence applications as procedurally unfair and unreasonable.

• Electronic Communications Act
• Procedural Fairness
• Audi Alteram Partem
• Promotion Of Administrative Justice Act
• Community Broadcasting Regulations
• Administrative-law

E.TV (Pty) Limited and Others v Minister of Communications and Digital Technologies and Others (2025/008928)

E.TV (Pty) Limited and Others v Minister of Communications and Digital Technologies and Others (2025/008928) [2025] ZAGPPHC 321 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/008928

Judge

BAQWA

The Court found that the decision to set the analogue switch-off date for 31 March 2025 was taken by Cabinet, not the Minister, contrary to statutory and constitutional requirements. The Minister failed to consult stakeholders regarding the actual proposed date, as required by law and the Constitutional Court's precedent. The evidence showed that hundreds of thousands of households would be left without access to television, violating their rights to freedom of expression and equality. The Minister's justification for the limitation of rights was found to be irrational and retrogressive. The…

Source excerpt

• Analogue Switch Off
• Digital Migration
• Freedom Of Expression
• Consultation Requirements
• Legitimate Expectation
• Interim Interdict

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024)

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024) [2025] ZAGPPHC 193 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

054724/2024

Judge

Labuschagne

Vodacom sought interim interdicts to stop mobile operators using pooled spectrum approved by ICASA, but the High Court dismissed the application with costs.

• Radio Frequency Spectrum Licensing
• Spectrum Sharing Regulations
• Public Participation
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Competition Assessment

Zuma and Another v South African Broaddcasting Corporation and Others (2024/077748)

Zuma and Another v South African Broaddcasting Corporation and Others (2024/077748) [2025] ZAGPJHC 79 (31 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/077748

Judge

Fisher

The High Court dismissed a challenge to the SABC’s use of “Government of National Unity,” holding that the dispute was political, not constitutional.

• Freedom Of Expression
• Broadcasting Regulation
• Review Under Paja
• Section 172 Declaration
• Editorial Policy
• Subsidiarity

JL Unique Solutions (Pty) Ltd and Another v E Media Investments (Pty) Ltd and Others (2024/150153)

JL Unique Solutions (Pty) Ltd and Another v E Media Investments (Pty) Ltd and Others (2024/150153) [2025] ZAGPJHC 58 (28 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/150153

Judge

GC Wright

The court found that the urgency claimed by the applicants was self-created, as they waited over two months after the programme was aired before launching the application. The delay undermined any claim to urgency, and the matter did not warrant urgent relief. The application was accordingly struck off the roll. The issue of costs, including punitive costs and costs against the applicants' attorney, was reserved for later determination.

Source excerpt

• Defamation
• Urgent Interdict
• Social Media Content Removal
• Punitive Costs
• Self Created Urgency

Pretoria FM NPC v Chairman of the Independent Communications Authority of South Africa (ICASA) (050968/2022)

Pretoria FM NPC v Chairman of the Independent Communications Authority of South Africa (ICASA) (050968/2022) [2024] ZAGPPHC 1340 (11 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

050968/2022

Judge

Retief

The High Court set aside ICASA’s disqualification of six community broadcasting pre-registration applications for short payment of fees and remitted them for reconsideration.

• Promotion Of Administrative Justice Act
• Electronic Communications Act
• Procedural Fairness
• Administrative Discretion
• Community Broadcasting Licensing
• Administrative-law

WRFM (Non-Profit Company) v Independent Communications Authority of South Africa (059684/2022)

WRFM (Non-Profit Company) v Independent Communications Authority of South Africa (059684/2022) [2024] ZAGPPHC 1376 (18 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

059684/2022

Judge

G Ally

The High Court held that ICASA may consider condonation for a late licence-renewal request and remitted WRFM’s application back to ICASA.

• Electronic Communications Act
• Licensing Renewal
• Condonation Of Late Application
• Administrative Fairness
• Administrative-law
• Electronic-communications

Acting Prime Minister v Swaziland News (Pty) Ltd and Others (1643/21)

Acting Prime Minister v Swaziland News (Pty) Ltd and Others (1643/21) [2024] ZAMPMBHC 72; [2024] 4 All SA 714 (ML) (27 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1643/21

Judge

Roelofse AJ

The High Court dismissed an application by eSwatini’s Acting Prime Minister to restrain Swaziland News articles said to defame the King and officials, finding no clear right for interdictory relief.

• Defamation
• Freedom Of Expression
• Internet Publication
• Journalistic Ethics
• Interdictory Relief
• Locus Standi

ZTE Corporation South Africa v Arbiwizn (Pty) Ltd and Others (2022/040657)

ZTE Corporation South Africa v Arbiwizn (Pty) Ltd and Others (2022/040657) [2024] ZAGPPHC 896 (13 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/040657

Judge

M Van Nieuwenhuizen

The High Court refused summary judgment in a vindication claim for telecoms equipment, finding triable issues on a lien, prescription, and possession.

• Rei Vindication
• Summary Judgment
• Contractual Liens
• Prescription
• Companies Act Liquidation
• Telecommunication Equipment