Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Post Office on the brink of collapse

      Post Office on the brink of collapse

      13 March 2026
      New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

      New policy direction targets South Africa’s municipal broadband logjam

      13 March 2026
      How electronic warfare is threatening ships and their crews

      How electronic warfare is threatening ships and their crews

      13 March 2026
      Rand slumps for second week

      Rand slumps for second week

      13 March 2026
      Parliament opens nominations for Icasa council seats

      Parliament opens nominations for Icasa council seats

      13 March 2026
    • World
      Musk launches Macrohard in cheeky nod to Microsoft - Elon Musk

      Musk launches Macrohard in cheeky nod to Microsoft

      12 March 2026
      Europe is building an alternative to Microsoft Office

      Europe is building an alternative to Microsoft Office

      11 March 2026
      Microsoft bets on Anthropic as it loosens ties with OpenAI

      Microsoft bets on Anthropic as it loosens ties with OpenAI

      10 March 2026
      World hit by worst oil shock since the 1970s

      World hit by worst oil shock since the 1970s

      9 March 2026
      iStore prices MacBook Neo at R11 999 in South Africa

      Apple debuts MacBook Neo to challenge Windows PCs, Chromebooks

      5 March 2026
    • In-depth
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
    • TCS
      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience - Theo van Zyl

      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience

      13 March 2026
      TCS+ | Flipping the narrative on AI in the Global South - Josefin Rosén

      TCS+ | Flipping the narrative on AI in the Global South

      13 March 2026
      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      5 March 2026
      TCS+ | Bolt ups the ante on platform safety - Simo Kalajdzic

      TCS+ | Bolt ups the ante on platform safety

      4 March 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
    • Opinion
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
      The AI fraud crisis your bank is not ready for - Andries Maritz

      The AI fraud crisis your bank is not ready for

      18 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Broadcasting and Media » E.tv heads to constitutional court in fight over digital TV

    E.tv heads to constitutional court in fight over digital TV

    By Duncan McLeod8 April 2022
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    E.tv has filed papers with the constitutional court on an urgent basis seeking to appeal last week’s high court judgment that analogue terrestrial television broadcasts in South Africa be switched off on 30 June.

    TechCentral has learnt that the commercial free-to-air broadcaster filed papers earlier this week with the country’s apex court, seeking to appeal the judgment that forced communications minister Khumbudzo Ntshavheni to delay analogue switch-off, but only by three months – from 31 March to 30 June 2022.

    Failing the direct appeal to the constitutional court, the broadcaster is also approaching the high court, conditionally, for leave to appeal the matter to the supreme court of appeal.

    The central issue in this case is the constitutional rights of millions of indigent and vulnerable South Africans

    If successful, the move could delay the allocation of radio frequency spectrum currently used by broadcasters to telecommunications operators that agreed to pay for access to the frequencies in last month’s spectrum auction conducted by communications regulator Icasa.

    E.tv had been hoping for much more time than the high court allowed to complete analogue switch-off, arguing that millions of indigent households risked losing access to free-to-air television. It warned of significant negative implications for broadcasters, including e.tv and its parent eMedia Investments, if this were to happen.

    The high court judgment was largely seen as a victory for Ntshavheni, who said in a media statement last week that she was “elated” by the outcome and urged e.tv to “desist from further attempts to derail the process of digital migration”.

    She said, too, that the additional three months was “sufficient time” to complete the installation of government-subsidised free digital set-top boxes in qualifying indigent households.

    ‘Reliant on analogue’

    In the papers lodged with the constitutional court, which TechCentral has seen, e.tv said it approached the court directly and on an urgent basis “to protect the rights of millions of indigent South Africans”.

    In a founding affidavit, eMedia Investments group executive for legal and regulatory affairs Philippa Rafferty said: “The central issue in this case is the constitutional rights of millions of indigent and vulnerable South Africans who are reliant on analogue television broadcasting to access news, information and entertainment. These millions of South Africans are imminently to have their television signals cut off through a precipitous and unlawful analogue switch-off by the minister … in violation of their constitutional rights.

    Read part 1 and part 2 of e.tv’s founding affidavit to the constitutional court

    “In brief, e.tv asserts that the minister bears an obligation under section 7(2) of the constitution not to retrogressively deprive South Africans of rights that they have previously enjoyed, including the right to receive information, a component of the right to freedom of expression…”

    In an advertorial that eMedia intends to flight in this weekend’s Sunday newspapers – and shared with TechCentral ahead of time – the broadcaster said it had made a proposal to Ntshavheni that could resolve the crisis, freeing up spectrum for telecommunications operators while also allowing it to continue broadcasting on analogue. But eMedia suggested that it encountered resistance to this proposal.

    The Sentech transmitter in Auckland Park, Johannesburg

    In the advertorial, which TechCentral has published in full below, eMedia said it proposed to government that it would move out of the so-called “digital dividend” bands – frequencies sold to telecoms operators in last month’s auction – if the frequencies of nine (of 94) of its transmitters were to be “re-tuned”, leaving e.tv to broadcast on analogue below 694MHz (out of the digital dividend bands) beyond 30 June.

    “Doing so would allow the auction to be implemented without rushing to cut off millions of people from free TV. All nine of the proposed new frequencies can be easily accommodated,” it said.

    eMedia claimed that Ntshavheni “undertook to consider this solution if Sentech, the signal distributor for South Africa’s broadcasting sector, and lcasa were agreeable. With the support of Sentech and with the positive recommendation of the lcasa office, we applied to the lcasa council for permission to re-tune these nine transmitters. lcasa has to date left this application unattended and simply proceeded with the telecoms auction on the premise that bidders will be able to use the spectrum auctioned from the date we are kicked off it,” it said.

    TechCentral has asked an Icasa spokesman to comment on these claims and will update this article once feedback is received from the regulator.

    Asked for comment, a spokeswoman for Ntshavheni said the department of communications intends to oppose e.tv’s application for leave to appeal. “Any delay in accessing the digital dividend through protracted and unmerited court challenges such as that of e.tv seek to perpetuate digital exclusion and furthers the marginalisation of the poor and majority of our people residing in rural areas.”

    Article continues below eMedia’s statement…

    Source: eMedia

    E.tv’s decision to appeal last week’s high court judgment comes in the same week that the SABC board apologised to Nsthavheni over a media statement the public broadcaster issued last month that criticised the minister’s plan to switch off analogue broadcasts by 31 March.

    The statement, issued on 25 March, labelled government’s plan to switch off analogue broadcasts by that date as “premature” and an “unsustainable risk” to the rights of millions of indigent South African households given how few set-top boxes had been distributed.

    In an extraordinary response, Ntshavheni threatened to withdraw government financial assistance to the SABC. In a letter to SABC board chairman Bongumusa Makhathini, the minister also threatened to withdraw her support of the broadcaster’s 2020/2021 annual financial and performance reports, among other punitive measures.

    But the SABC apology on 6 April said the board “may not have exhausted the agreed procedures (the shareholder’s compact between the SABC and the government of the Republic of South Africa) regarding engagements with the minister”. It’s understood from industry players with knowledge of the situation that the SABC board was divided about whether to issue the apology.

    A spokesman for Ntshavheni did not respond to a query from TechCentral about whether the minister intends withdrawing her threats against the SABC in light of its apology to her.  – © 2022 NewsCentral Media

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Bongumusa Makhathini e.tv Icasa Khumbudzo Ntshavheni Philippa Rafferty Sentech
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleTelkom withdraws its lawsuit against Icasa
    Next Article Too much e-mail? Let your bot answer it

    Related Posts

    New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

    New policy direction targets South Africa’s municipal broadband logjam

    13 March 2026
    Parliament opens nominations for Icasa council seats

    Parliament opens nominations for Icasa council seats

    13 March 2026
    GSMA warns geopolitics could split global mobile standards - Ralph Mupita

    GSMA warns geopolitics could split global mobile standards

    6 March 2026
    Company News
    Households still under big pressure, Altron Fintech index shows

    Households still under big pressure, Altron Fintech index shows

    13 March 2026
    How AI is changing the way we work - Angela Ho, Obsidian Systems

    How AI is changing the way we work

    12 March 2026
    Domains.co.za introduces complete domain protection service

    Domains.co.za introduces complete domain protection service

    12 March 2026
    Opinion
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026
    VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

    VC’s centre of gravity is shifting – and South Africa is in the frame

    3 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Post Office on the brink of collapse

    Post Office on the brink of collapse

    13 March 2026
    New policy direction targets South Africa's municipal broadband logjam - Solly Malatsi

    New policy direction targets South Africa’s municipal broadband logjam

    13 March 2026
    How electronic warfare is threatening ships and their crews

    How electronic warfare is threatening ships and their crews

    13 March 2026
    Rand slumps for second week

    Rand slumps for second week

    13 March 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}