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)
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