South Africa Case Law

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023)

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

Court

Supreme Court of Appeal

Case number

1133/2023

Judges

Dambuza, Mbatha, Dolamo

The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

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• Broadcasting Licence Renewal
• Retrospective Application Of Regulations
• Condonation Of Late Filing
• Statutory Interpretation
• Regulatory Discretion

Dercksen v Health Profession Council of South Africa and Another (A13/2024)

Dercksen v Health Profession Council of South Africa and Another (A13/2024) [2025] ZAGPPHC 433 (2 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A13/2024

Judges

Mabesela, Bam

The court found that regulation 4A, which came into effect on 23 June 2023, does not apply retrospectively to the applicant's complaint, as the PCI's decision was communicated to the applicant on 22 March 2023. The PCI is a committee under the Health Professions Council of South Africa, and its decisions are deemed to be decisions of the council. Therefore, the applicant was correctly advised to approach the High Court in terms of section 20 of the Health Professions Act. The court held that it had jurisdiction to entertain the matter and consider the application for leave to appeal. On the m…

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• Jurisdiction Of High Court
• Retrospective Application Of Regulations
• Appeal Procedure Under Health Professions Act
• Costs Award

Charumbira v Road Accident Fund (371/2024)

Charumbira v Road Accident Fund (371/2024) [2025] ZAFSHC 122 (24 April 2025)

Court

Free State High Court, Bloemfontein

Case number

371/2024

Judges

Mbhele, Opperman

The High Court postponed a review over RAF payment requirements for a foreign claimant, pending the Supreme Court of Appeal decision in Mudawo.

• Road Accident Fund Act
• Judicial Review
• Retrospective Application Of Regulations
• Foreign Nationals Entitlement
• Management Directive
• Postponement Pending Appeal

Henn v Health Professions Council of South Africa and Others (2024/131188)

Henn v Health Professions Council of South Africa and Others (2024/131188) [2024] ZAGPPHC 1297 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/131188

Judge

Labuschagne AJ

The court found that the applicant had pleaded to the original charges under the February 2020 Regulations, and the parties had agreed that those regulations would govern the de novo hearing. The unilateral amendment of the charge sheet and application of the 2023 Regulations introduced new substantive issues and procedural changes that prejudiced the applicant and compromised her right to fair administrative action. The pro forma complainant was not entitled to resile from the agreed ground rules or impose more onerous charges. The amended charge sheet was set aside as ultra vires and unlawf…

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• Promotion Of Administrative Justice Act
• Disciplinary Proceedings
• Retrospective Application Of Regulations
• Fair Administrative Action
• Ultra Vires
• Procedural Fairness

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…

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• Electronic Communications Act
• Broadcasting Licence Renewal
• Condonation Of Late Filing
• Retrospective Application Of Regulations
• Administrative Discretion
• Costs In Review Applications