The Independent Communications Authority of South Africa (ICASA) has denied allegations that it has granted local radio station Vhembe FM a new broadcasting licence.

The station was taken off the air at the end of July for broadcasting without a valid licence. Just seven days later, however, it resumed broadcasting — to the delight of thousands of listeners in the Vhembe District.

In a statement released to Limpopo Mirror last Tuesday, ICASA spokesperson Milly Matlou confirmed that no new licence had been issued to Vhembe FM. She admitted to being aware that the station was still on air but said the regulator’s management was considering the matter internally.

Vhembe FM was originally licensed in 2015 but only went live in September 2017, offering limited programming because of funding challenges. It later applied to extend its broadcasting area — a request that was approved — and in September 2018, it launched a full schedule.

This past weekend, a source within Vhembe FM — who spoke on condition of anonymity as he is not authorised to speak to the media — said the station was defying ICASA’s shutdown order. He claimed the decision was based on a recent Supreme Court of Appeal (SCA) judgment in a similar case involving another community radio station, Open Heaven FM.

Open Heaven FM had submitted its licence-renewal application 14 days late, which ICASA refused to consider. The station argued that ICASA had misinterpreted the regulations by not applying the updated seven-year licence term to existing community stations — an argument ICASA contested.

In July 2023, the Gauteng High Court ruled in favour of Open Heaven, overturning ICASA’s decision and affirming the application of the seven-year licence term.

ICASA appealed, but on 12 August 2025 the Supreme Court of Appeal dismissed the case and upheld Open Heaven’s cross-appeal. The SCA confirmed that ICASA does have the authority to condone late licence renewal applications. It also ruled that the seven-year term (instead of five) applies to existing community radio stations.

“This ruling sets a landmark precedent, offering greater stability and protecting the rights of community broadcasters nationwide,” the source said.

“We believe ICASA is applying a double standard in our case. Our situation is identical to that of Open Heaven FM, and therefore, ICASA has no legal grounds to take us off air,” the source added.

He said the station had written to ICASA to inform the authority of the SCA judgment and that it would continue broadcasting in line with the court’s decision.

When asked where Vhembe FM had obtained the frequency it was currently using, the source became irritated and declined to respond.

“That is a very good question, but it should be directed at ICASA,” he said.