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South Africa decisions
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S v Boekhoud (2011 (2) SACR 124 (SCA)) [2011] ZASCA 48; 522/10 (30 March 2011)
The Supreme Court of Appeal dismissed the State’s leave-to-appeal bid, holding the reserved questions were too abstract and factually uncertain.
Otherchoice (Pty) Ltd v Independent Communications Authority of SA and Another (19718/2003) [2006] ZAGPHC 172 (21 April 2006)
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…
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