The Independent Communications Authority of South Africa (Icasa) accepted with great jubilation the dismissal of the review case against it lodged with the South Gauteng High Court by Black Earth Communications (Pty) Ltd (BEC) this week.
This matter dates back to 2008 following the Authority’s decision to refuse BEC a licence to provide a Satellite Subscription Broadcasting Service Licence. In terms of the reasons document which the court duly considered, the application by BEC was refused on the basis that:
- The applicant failed to comply with Section 51 (d) of the Electronic Communications Act (ECA) which states that “In considering the grant of a new commercial broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in Section 2 of the ECA, among others take into account the capability, expertise and experience of the applicant.”
- The applicant failed to comply with Section 51 (e) of the Electronic Communications Act (ECA) which states that “In considering the grant of a new commercial broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in Section 2 of the ECA, among others take into account the financial means and business record of the applicant.”
- The applicant failed to comply with Section 51 (a) and (b) of the Electronic Communications Act (ECA) which states that “In considering the grant of a new commercial broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in Section 2 of the ECA, among others take into account the demand for the proposed broadcasting service within the proposed licence area; and the need for the proposed within such a licence area, having regard to the broadcasting services already existing in that area.”
When handing down the judgement, Judge J P Horn said Icasa investigated all aspects of the applicant’s demand and need for the proposed service. “Icasa considered programming and local content regulations and found the applicant to be wanting in that regard. It did not take the decision lightly but only after weighing up the various relevant factors. It certainly applied its mind to every aspects of the enquiry,” said Judge Horn.
He further said that in his view, Icasa reached its decisions fairly, based on rational reasoning; and that the Authority had adequate regard to the requirements of the law and the applications before it.
This application by BEC (Pty) Ltd was dismissed with costs, which costs to include the cost of two counsels.
For all media enquiries please contact:
Paseka Maleka
Tel: 011 566 3455
Cell: 079 509 0702
E-mail: pmaleka@icasa.org.za
Source: Independent Communications Authority of South Africa
