South Africa Case Law

Radio Pulpit v Chairperson of the Council of the Independent Communications Authority of South Africa and Another (09/19114)

Radio Pulpit v Chairperson of the Council of the Independent Communications Authority of South Africa and Another (09/19114) [2011] ZAGPJHC 83 (8 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

09/19114

Judge

W L Wepener

The court reviewed ICASA’s refusal of Radio Pulpit’s licence application for procedural unfairness, but declined to order the licence because the frequency plan had not been lawfully amended.

• Promotion Of Administrative Justice Act
• Broadcasting Licensing
• Frequency Allocation
• Procedural Fairness
• Substitution Of Administrative Decision
• Administrative-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