ConCourt rules digital migration deadline unlawful
The Constitutional Court has ruled that the deadline for the national switch-off date from analogue signal to digital television is unconstitutional.
In February this year, Communications and Digital Technologies Minister Khumbudzo Ntshavheni announced that 31 March 2022 will be a cut-off date for citizens who are still using an analogue television signal.
Free-to-air broadcasting giant e.tv challenged the matter, arguing that the switch-off date was unlawful as it would leave millions of poor households without access to television because they don’t have access to the new set-top boxes.
The minister, the Independent Communications Authority of South Africa (ICASA), the Chairperson of ICASA, Vodacom, and Sentech opposed the application by e.tv
However, the case was dismissed by the High Court in Pretoria which also granted an extended cut-off date to 30 June 2022.
In a unanimous judgment on Tuesday Justice Nonkosi Mhlantla ordered the minister to pay the costs of the applicants.
“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.
"It is declared that the minister’s decision to impose a deadline of 31 October 2021 to register for set-top boxes is unconstitutional, invalid, and is set aside. The minister must pay the costs of the applicants, including the costs of two counsel.”
Last week Minster Ntshavheni said only Limpopo, Mpumalanga, North West, the Free State, and the Northern Cape have completed the installation of set-top boxes.
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