Radio Pretoria lost its case over its broadcasting licence on a technical point in the Supreme Court of Appeal in Bloemfontein on Monday.
Station manager Clem de Klerk said: ”The appeal court decided on the basis of court rules that a judgement… would only be academic because the licence period in question ended three years ago.”
He said this means that no principal judgement was given on the reasons the Independent Communications Authority of South Africa (Icasa) gave for dismissing the licence for the station, which broadcasts for ”Boere-Afrikaners”.
De Klerk said those reasons will now be tested in the radio station’s application for a four-year licence.
Radio Pretoria appealed against a Pretoria High Court ruling last year refusing to extend its broadcasting licence.
That ruling by Judge Ronnie Bosielo confirmed a previous decision by Icasa.
However, Bosielo granted Radio Pretoria leave to appeal against a limited number of legal issues raised in his judgement.
Bosielo criticised the station for ”knowingly and brazenly” ignoring its licence conditions and for its discriminatory employment practices and its appointment of directors.
This, he said, amounted to ”a blatant and indefensible self-perpetuating oligarchy”.
The station had been allowed to stay on air pending the outcome of legal proceedings.
De Klerk said on Monday the appeal court’s decision will not affect the radio station’s broadcasting.
A court official said reason for the ruling will be released later. — Sapa