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

Radio Pretoria, a community radio broadcaster serving the Boere-Afrikaner community, operated for several years under successive temporary community broadcasting licences. In February 2000 it applied for a further one-year temporary licence. ICASA, after an evaluative process including hearings and written submissions, refused the application in February 2001, citing concerns including governance and employment practices. Radio Pretoria sought judicial review in the Pretoria High Court, which dismissed the application but granted leave to appeal. The Supreme Court of Appeal dismissed the appeal on the basis that the matter was moot, as the temporary licence period had expired and any order would have no practical effect. Radio Pretoria then sought leave to appeal to the Constitutional Court.

The application for leave to appeal was dismissed. No order as to costs was made.

The case affirms the constitutional doctrine of mootness and confirms that even important constitutional questions will not be decided where a judgment would have no practical effect. It underscores judicial restraint and clarifies that the Constitutional Court will not issue advisory opinions in the absence of a live dispute, particularly in the context of broadcasting regulation and administrative law.