Open Heaven Community Radio v Independent Communications Authority of South Africa and Others (38665/2022)
Open Heaven Community Radio v Independent Communications Authority of South Africa and Others (38665/2022) [2023] ZAGPPHC 671 (19 July 2023)
The court held that the amended regulations extending the validity period of class broadcasting licences to seven years do not apply retrospectively to licences issued before 25 March 2021. The terms and conditions, including duration, are determined at the time of grant and remain fixed for the licence's validity period. The Act does not provide for automatic amendment of licence terms during their validity. Regarding condonation, the court found that while section 19(2) does not expressly confer discretion on ICASA to condone late filing, such discretion may be implied where the time limit…
Source excerpt
- Electronic Communications Act
- Broadcasting Licence Renewal
- Condonation Of Late Filing
- Retrospective Application Of Regulations
- Administrative Discretion
- Costs In Review Applications