South Africa Case Law

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

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