Last week we (Moxii Africa) won an application for leave to appeal against the Independent Communications Authority of South Africa (Icasa). There are three significant aspects to the victory. One of them will have a near immediate positive impact for political party election broadcasts, just before the upcoming local government elections.  

A bit of background. Each election period, the regulator Icasa promulgates elections regulations that seek to deal with party election broadcasts, and political advertisements. The regulations for the most part set out the framework for those broadcasters who choose to carry political advertisements.

The reason for the regulations is to ensure parties have equitable access to the public and that a broadcaster doesn’t simply favour only one party. Slots for party election broadcasts and political advertisements are scheduled, and Icasa is then meant to monitor compliance with the regulations. Crucially, the regulations also set out a complaints process. It is this complaints process that gave rise to our case to begin with.

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