REPUBLIC OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT, JOHANNESBURG CASE NO: 0069/12 In the matter between INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA Applicant and ON-DIGITAL MEDIA (PTY) LTD Respondent “ supoment TSHABALALA, J: [1] The appiicant seeks an order on an urgent basis for the following relief:1.1 Declaring Regulations 3.4 and 3.5 of the Subscription Broadcasting Services Regulations ultra vires the provisions of the Electronic Communications Act 36 of 2005 (“ECA). 1.2 Interdicting the respondent from broadcasting three extra channels with effect from the 20" January 2012 pending the applicant's decision on whether to grant or refuse the respondent's application to broadcast such three new channels, which decision will be taken on or before the 31° January 2012. 1.3. Alternatively to this prayer that the prayer referred to in 1.2 above should operate as an interim interdict pending the review application still to be launched by the applicant within 20 days of the date of my order. (2] The parties agreed that a costs order should be reserved pending the outcome of the review application envisaged in 1.3 above. [3] Due to the urgency of the matter and the process that both the applicant had lined up to perform, and the preparations which the respondent had to make in anticipation of the broadcasting, it was agreed between the parties that | could give an order on or before the 18" January 2012 and furnish my reasons later. | consequently gave an order on Monday the 16” January 2012 granting prayer 3 of the amended notice of motion dated 13January 2012 (ie. paragraph 1.2 above) and ordered the applicant to pay the costs of the application Hereafter are my brief reasons for such an order. BACKGROUND 44 42 43 On the 13” September 2011 the respondent launched an application to broadcast three extra channels allegedly of a pomographic and adult nature for twenty four hours daily, In terms of Regulation 3.4 of the Subscription Broadcasting Services Regulations Notice 152 of 2006 hereafter referred to as “SBSR’) the applicant shall issue a certificate authorising or refusing the broadcasting of such channels within 60 days of receipt of the application. Regulation 3.5 of SBSR provides that on failure of the applicant to issue such certificate within the prescribed period of 60 days, the application shall be considered to have been granted