South Africa Case Law

KZN Talk radio (Pty) Limited v Independent Communications Authority of South Africa and Another (41672/12)

KZN Talk radio (Pty) Limited v Independent Communications Authority of South Africa and Another (41672/12) [2014] ZAGPJHC 396 (5 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

41672/12

Judge

Francis

The court reviewed ICASA’s award of the Durban FM radio licence to One Gospel, finding procedural unfairness and remitting the matter for reconsideration.

• Broadcasting Licensing
• Procedural Fairness
• Diversity Of Ownership
• Electronic Communications Act
• Administrative Action Under Paja
• Broadcasting-licensing

Radio Pulpit v Chairperson of the Council of the Independent Communications Authority of South Africa and Another (09/19114)

Radio Pulpit v Chairperson of the Council of the Independent Communications Authority of South Africa and Another (09/19114) [2011] ZAGPJHC 83 (8 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

09/19114

Judge

W L Wepener

The court reviewed ICASA’s refusal of Radio Pulpit’s licence application for procedural unfairness, but declined to order the licence because the frequency plan had not been lawfully amended.

• Promotion Of Administrative Justice Act
• Broadcasting Licensing
• Frequency Allocation
• Procedural Fairness
• Substitution Of Administrative Decision
• Administrative-law

Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa (296/06)

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)

Court

Supreme Court of Appeal

Case number

296/06

Judges

Howie, Streicher, Brand, Hancke, Musi

The SCA held that Icasa wrongly treated Radio Pretoria’s licence bid as confined to one area, failed to consider the real application, and had to reconsider it.

• Broadcasting Licensing
• Review Of Administrative Action
• Community Broadcasting
• Promotion Of Administrative Justice Act
• Broadcasting-licensing
• Review-of-administrative-action

Vanderbijlpark Estate Company and Another v Langa NO and Others (16679/04)

Vanderbijlpark Estate Company and Another v Langa NO and Others (16679/04) [2007] ZAGPHC 138 (22 May 2007)

Court

High Courts - Gauteng

Case number

16679/04

Judge

Spilg

The court found that ICASA's process for awarding the community sound broadcasting licence in the 102.2 Mhz frequency was fatally flawed. ICASA failed to properly consider the impact of revised frequency plans on licence applications and did not adequately inform the public or applicants of changes affecting competition for frequencies. This compromised the mandatory and material procedures required by the enabling statute, resulting in procedural unfairness and non-compliance with statutory requirements. The court held that the award of the licence to Kathorus Community Radio must be set asi…

Source excerpt

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Broadcasting Licensing
• Frequency Allocation
• Community Radio
• Review Of Administrative Action

Otherchoice (Pty) Ltd v Independent Communications Authority of SA and Another (19718/2003)

Otherchoice (Pty) Ltd v Independent Communications Authority of SA and Another (19718/2003) [2006] ZAGPHC 172 (21 April 2006)

Court

High Courts - Gauteng

Case number

19718/2003

Judge

B. R. Du Plessis

The court held that the applicant's sale of smartcards enabling reception of encrypted foreign broadcasts constitutes participation in a broadcasting service rendered within South Africa. Section 34(1) of the Broadcasting Act requires such services to be licensed, irrespective of whether the broadcast originates abroad. The court rejected the applicant's argument that only services originating within South Africa require licensing, finding that the statutory language regulates services rendered within the Republic. International law does not prevent South Africa from regulating activities wit…

Source excerpt

• Broadcasting Licensing
• Extraterritorial Application
• Interpretation Of Statutes
• Declaratory Relief

Jeenah NO and Others v Chairperson of the Independent Communications Authority of South Africa and Others (04/16039)

Jeenah NO and Others v Chairperson of the Independent Communications Authority of South Africa and Others (04/16039) [2005] ZAGPHC 355 (8 November 2005)

Court

High Courts - Gauteng

Case number

04/16039

Judge

G Fevrier

High Court review of a community radio licensing decision failed. The court held the grant to RAU Radio was not reviewable under PAJA and dismissed the application with costs.

• Broadcasting Licensing
• Judicial Review
• Promotion Of Administrative Justice Act
• Error Of Law
• Community Radio
• Licensing Procedure

Radio Pretoria v Voorsitter van die Onafhanklike Communikasie-Owerheid van SA en n Ander' (29884/04)

Radio Pretoria v Voorsitter van die Onafhanklike Communikasie-Owerheid van SA en n Ander' (29884/04) [2005] ZAGPHC 115; [2006] 1 All SA 143 (T); 2006 (3) BCLR 444 (T) (7 November 2005)

Court

High Courts - Gauteng

Case number

29884/04

Judge

J M C Smit

The court found that ICASA's refusal to grant a four-year community broadcasting licence to Radio Pretoria on the ground that there was no demonstrated need for the service was irrational and lacked a rational objective basis. The evidence showed a significant group of listeners with legitimate preferences that were not met by existing services, and ICASA's conclusion was not supported by the facts. However, the court held that the other statutory requirements cited by ICASA—democratic governance, representativity, and employment equity—were valid prerequisites for licensing and that the appl…

Source excerpt

• Broadcasting Licensing
• Promotion Of Administrative Justice Act
• Constitutional Right To Freedom Of Expression
• Statutory Interpretation
• Public Interest Regulation
• Employment Equity In Broadcasting

Radio Pretoria v Chairperson of Independent Authority of South Africa (CCT 38/04)

Radio Pretoria v Chairperson of Independent Authority of South Africa (CCT 38/04) [2004] ZACC 24; 2005 (4) SA 319 (CC); 2005 (3) BCLR 231 (CC) (8 December 2004)

Court

Constitutional Court

Case number

CCT 38/04

The Constitutional Court held that although the application raised important constitutional issues regarding broadcasting regulation, freedom of expression, and administrative justice, the matter was moot. The temporary licence period had expired, and no review proceedings regarding the four-year licence had been initiated by Radio Pretoria. The Court found that a decision on the temporary licence would have no practical effect, as it would not enable Radio Pretoria to continue broadcasting or resolve the underlying dispute about the four-year licence. The interests of justice did not warrant…

Source excerpt

• Broadcasting Licensing
• Freedom Of Expression
• Judicial Review
• Mootness
• Administrative Justice

Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and Another (402/03)

Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and Another (402/03) [2004] ZASCA 69; [2004] 4 All SA 16 (SCA); 2005 (1) SA 47 (SCA) (2 September 2004)

Court

Supreme Court of Appeal

Case number

402/03

Judges

Mpati, Streicher, Navsa, Heher, Van Heerden

The Supreme Court of Appeal dismissed Radio Pretoria’s appeal as moot, holding that the expired temporary licence meant no practical effect could follow.

• Broadcasting Licensing
• Audi Alteram Partem
• Democratic Governance
• Employment Discrimination
• Mootness
• Appeal-dismissal

Trinity Broadcasting, Ciskei v Independent Communications Authority of SA (56/2003)

Trinity Broadcasting, Ciskei v Independent Communications Authority of SA (56/2003) [2003] ZASCA 119; [2003] 4 All SA 589 (SCA); 2004 (3) SA 346 (SCA) (21 November 2003)

Court

Supreme Court of Appeal

Case number

56/2003

Judges

Howie, Scott, Mthiyane, Brand, Motata

The Supreme Court of Appeal reviewed licence conditions imposed on Trinity Broadcasting’s community television licence, setting aside several conditions for lack of rational connection.

• Judicial Review
• Rationality Test
• Broadcasting Licensing
• Employment Equity Conditions
• Language Requirements
• News Broadcasting Obligations