High Court: Trinity Broadcating v ICASA
The conditions that Trinity sought to impugn related to licence area, broadcasting hours, language, news, employment equity and training.
ICASA argued that in relation to an extended broadcasting licence area, that ICASA was still engaged in a process of developing policy guidelines and a regulatory framework for community broadcasting services for the rest of the country and therefore it could consider any application for extension of broadcasting areas by community television broadcasters.
The court held that ICASA’s decision were taken in accordance with the law and that the processes adopted by ICASA before the imposition of the conditions were fair and reasonable and that Trinity failed to make out grounds for judicial review of ICASA’s decisions. The application was dismissed with costs.
ICASA argued that in relation to an extended broadcasting licence area, that ICASA was still engaged in a process of developing policy guidelines and a regulatory framework for community broadcasting services for the rest of the country and therefore it could consider any application for extension of broadcasting areas by community television broadcasters.
The court held that ICASA’s decision were taken in accordance with the law and that the processes adopted by ICASA before the imposition of the conditions were fair and reasonable and that Trinity failed to make out grounds for judicial review of ICASA’s decisions. The application was dismissed with costs.