South Africa Case Law

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

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

Swiftnet Soc Limited and Another v Peete and Others (UM82/2022)

Swiftnet Soc Limited and Another v Peete and Others (UM82/2022) [2024] ZANWHC 256 (15 October 2024)

Court

North West High Court, Mafikeng

Case number

UM82/2022

Judge

Dibetso-Bodibe

The High Court set aside an ex parte interim interdict over telecom masts on communal land, finding the urgent application lacked urgency.

• Communal Land Rights
• Interim Interdict
• Urgent Application Procedure
• Electronic Communications Act
• Locus Standi
• Balance Of Convenience

Maquassi Hills Local Municipality v Hero Telecoms (Pty) Limited (1339/2024)

Maquassi Hills Local Municipality v Hero Telecoms (Pty) Limited (1339/2024) [2024] ZANWHC 112 (4 April 2024)

Court

North West High Court, Mafikeng

Case number

1339/2024

Judge

J T Djaje

The High Court dismissed an urgent application by a municipality to stop telecoms works in Wolmaransstad, finding jurisdictional and factual disputes, lack of urgency, and no case for interim relief.

• Wayleave Approval
• Interim Interdict
• Municipal Authority
• Jurisdiction
• Urgent Application
• Electronic Communications Act

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)

Court

North Gauteng High Court, Pretoria

Case number

38665/2022

Judge

Janse Van Nieuwenhuizen

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

Thurwood Investments (Pty) Ltd T/A BKT Fiber JV v City Of Ekurhuleni Metropolitan Municipality (59383/21)

Thurwood Investments (Pty) Ltd T/A BKT Fiber JV v City Of Ekurhuleni Metropolitan Municipality (59383/21) [2023] ZAGPJHC 139 (13 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

59383/21

Judge

H M Viljoen

The court found that the respondent's resolution to halt aerial fibre installation was adopted without procedural fairness, as affected parties were not given notice or an opportunity to make representations. However, the applicant failed to secure interim relief, resulting in the expiry of its wayleaves. The refusal to extend wayleaves constituted a separate administrative action that was not challenged in these proceedings. As a result, reviewing and setting aside the resolution would not restore the applicant's rights or entitle it to resume work. The dispute had become academic, and the c…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Wayleave Policy
• Procedural Fairness
• Electronic Communications Act
• Review Of Administrative Action

Dr Beyers Naude Local Municipality v Hero Telecoms (PTY) Limited and Others (623/2022)

Dr Beyers Naude Local Municipality v Hero Telecoms (PTY) Limited and Others (623/2022) [2022] ZAECGHC 25 (22 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

623/2022

Judge

NQUMSE

The court found that the order of Bloem J was clearly interlocutory and interim, not final in effect, and thus not suspended by Herotel's application for leave to appeal. Herotel, as the aggrieved party, bore the obligation to apply for suspension under section 18(3) of the Superior Courts Act, which it failed to do. The continued trenching and construction works by Herotel constituted wilful and mala fide non-compliance with the court order, amounting to contempt of court. The applicant established urgency due to ongoing harm and risk to public safety. The court granted the rule nisi, declar…

Source excerpt

• Contempt Of Court
• Interim Interdict
• Superior Courts Act Section 18
• Municipal By Laws
• Electronic Communications Act
• Urgent Application Procedure

Ndlambe Local Municipality v Hero Telecoms (Proprietary) Limited and Others (784/2021)

Ndlambe Local Municipality v Hero Telecoms (Proprietary) Limited and Others (784/2021) [2021] ZAECGHC 31 (23 March 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

784/2021

Judge

G H Bloem

The High Court granted an interim interdict stopping fibre infrastructure works in Port Alfred pending review of a municipal wayleave approval.

• Municipal Wayleave
• Interim Interdict
• Electronic Communications Act
• Review Of Administrative Action
• Urgent Application
• Municipal By Law

Mpumalanga MEC for Public Works v Kwa-Mahlaba Connect CC (303/2021)

Mpumalanga MEC for Public Works v Kwa-Mahlaba Connect CC (303/2021) [2021] ZAMPMBHC 8 (21 February 2021)

Court

Mbombela High Court, Mpumalanga

Case number

303/2021

Judge

B A Mashile

High Court costs ruling in an urgent telecoms porting dispute. The applicant was ordered to pay reserved costs for 9 February 2021, while each party bore its own costs for 16 February 2021.

• Costs Award
• Urgent Interdict
• Electronic Communications Act
• Porting Of Telephone Numbers
• Costs-award
• Urgent-application