Bloemfontein’s Supreme Court of Appeal found that communications minister Faith Muthambi acted beyond her legal authority when she amended the broadcast migration policy so as not to encrypt the set-top boxes (STBs) that are key to South Africa’s digital migration project. Government will distribute up to 5m subsidised STBs to poorer households. Judge of Appeal CH Lewis wrote in his judgment that Muthambi has made it impossible for e.tv to broadcast encrypted signals to television viewers with subsidised boxes. “This may place e.tv in breach of its licence conditions,” he said. Encryption capability cannot be fitted to boxes after they are manufactured. e.tv would therefore need to manufacture 5m additional boxes.