Radio Pretoria v Chairperson of the Independent Communications Authority of South Africa and Others

Radio Pretoria, a community radio broadcaster, had been operating since 1995 under successive one-year temporary broadcasting licences issued initially by the Independent Broadcasting Authority and later by its successor, ICASA. In February 2001 ICASA refused Radio Pretoria’s application for a further temporary licence for the period 2000–2001, citing undemocratic governance structures contrary to section 32(3) of the Broadcasting Act 4 of 1999 and discriminatory employment practices inconsistent with section 9 of the Constitution. Radio Pretoria sought judicial review of this refusal in the Pretoria High Court, which dismissed the application on the merits. Radio Pretoria then appealed to the Supreme Court of Appeal. By the time the appeal was heard, the temporary licence period had long expired, ICASA had refused a subsequent four-year licence application, and Radio Pretoria was broadcasting only by virtue of interim court orders pending review of that later refusal.

The appeal was dismissed. Radio Pretoria was ordered to pay all costs occasioned by the application for amendment of the notice of appeal and all appeal costs incurred after 30 June 2004.

The case reinforces the strict application of section 21A of the Supreme Court Act and the principle that appellate courts will not decide moot or academic disputes. It underscores the Supreme Court of Appeal’s insistence that appeals must have a real, practical effect and serves as a warning to litigants and practitioners against persisting with appeals that cannot affect the parties’ legal position.