Parliament, Saturday,29 March 2025 – The Portfolio Committee of Communications and Digital Technologies has noted the judgement delivered by the High Court,Gauteng Division, on the 27th March 2025 in a matter between eTV Pty Limited,Media Monitoring Africa and Support Public Broadcasting Coalition (SOS) versus the Minister of Communications and Digital Technology, the President of the Republic of South Africa and nine other respondents including the Chairperson of the Portfolio Committee on Communications and Technologies representing the National Assembly.
The application was brought in two parts, Part A being an urgent application for an interdict pending the final determination of Part B review of the decision to set 31March 2025 as the analogue switch off (ASO) date.
The Court ruled that the operation of the final analogue switch-off date of 31 March 2025, as announced by the Minister of Communications and Digital Technologies on 5 December 2024, has been suspended pending the Part B review; and the Minister of Communications and Digital Technologies has been interdicted from taking any steps to implement the switch-off of analogue signals and the end of dual illumination, and Sentech SOC Limited is interdicted from taking any steps to implement the switch-off of analogue signals and the end of dual illumination.
This comes against the backdrop of a number of other Court judgments against the Minister related to the analogue switch-off date. While the committee notes the importance of the digital switch-over to ensure that South Africa is on par with global trends in adopting digital technologies, it is more important that the constitutional obligations and court rulings are upheld in the interest of inclusivity.
The majority of households in South Africa are dependent on Free-To-Air broadcasting services and should not be left behind after the digital switch-over. More importantly,the South African Broadcasting Corporation, as the State organ mandated to provide universal access to public broadcasting services, must be protected to ensure that public broadcasting is not compromised. Implementing the ASO in the current conditions would serve only to exacerbate the existing crisis at the SABC as it is estimated that the public broadcaster would lose not only approximately 30% of its audiences but also attendant revenue.
The committee appreciates the complexity and multifaceted nature of the Broadcasting Digital Migration (BDM) policy, which involves multiple stakeholders, budget allocations, and implementation challenges. Further, the committee remains concerned of the challenges of maintaining the analogue network, which comes at an exorbitant cost for dual illumination to Sentech. Consequently, an amplified stakeholder engagement practice that fosters consensus and collaboration needs to take precedence.
The Chairperson of the Portfolio Committee, Ms Khusela Diko, urges government to have the tactical agility not wait for another potential loss in Part B of the application but for the Minister to urgently present measures to achieve an all-inclusive digital switch-over date, taking into consideration the Court ruling, “The Committee remains committed to the digital switch-over and will ensure stringent oversight over the government in its delivery. An expedited digital switch-over will ensure that the much-needed spectrum is freed and allocated to critical services. This will ensure that the digital dividend contributes to an inclusive digital economy”
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COMMUNICATIONS AND DIGITAL TECHNOLOGIES, MS KHUSELA SANGONI DIKO
For media inquiries,please contact the committee’s Media Officer:
Name: Justice Molafo(Mr)
Parliamentary Communication Services
Cell: 081 424 7481
Email:jmolafo@parliament.gov.za
Arrange a tour