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)
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