Digital migration date unlawful

The Constitutional Court has ruled that the process followed by Communications and Digital Technologies Minister Khumbudzo Ntshavheni to determine the deadline for SA’s switch from analogue to digital television signal was unlawful and unconstitutional.

This is after free-to-air broadcaster e.tv appealed the High Court in Pretoria’s dismissal of its bid to stop government’s 30 June this year deadline, which was previously 31 March this year, for broadcast digital migration.

The private broadcaster argued that the switchoff date was unlawful, as it would result in millions of poor households being cut off because they don’t have access to set-top boxes to access digital television.

Government opposed e.tv’s appeal application.

Delivering the Constitutional Court’s unanimous judgment yesterday, Justice Nonkosi Mhlantla said Ntshavheni’s implementation process to switch off analogue signals was irrational and unconstitutional.

“The order of the high court is set aside and replaced with the following: it is declared that the announcement of 31 March, 2022, as the final switch-off date of the analogue signal and the end of dual illumination issued by the minister of communications and digital technologies, on 28 February, 2022, in terms of the broadcasting digital migration policy, as amended, is unconstitutional, invalid and is set aside,” Mhlantla said.

The Constitutional Court also set aside the costs order imposed by the high court on e.tv and imposed the order on Ntshavheni.

“The minister will have to pay the applicants’ costs including the costs of two counsel.”

Ntshavheni was ordered to consult properly on the determination of the analogue switch-off date with all stakeholders. Mhlantla said the minister should do this “in a manner that is consistent with the prescripts of legality”. Government has completed the analogue switch-off and migration for the SABC analogue switch-off in the Free State, Northern Cape, North West, Mpumalanga and Limpopo.

It has completed set-top box installations in the Free State, Northern Cape, Limpopo, Mpumalanga and Gauteng.

As it stands, South Africa is one of the last countries in the world still using analogue broadcasts, having missed several previous migration deadlines.

Minister will have to pay applicants’ costs