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
      South Africa is behind its neighbours on the plumbing of digital IDs

      South Africa is behind its neighbours on the plumbing of digital IDs

      11 September 2026
      South Africa to extradite US cyberfraud-gang suspects to US

      South Africa to extradite cyberfraud-gang suspects to US

      11 September 2026
      Newspaper group Caxton deploys AI editors

      Newspaper group Caxton deploys AI copy editors

      11 September 2026
      So, who exactly will buy Apple's R50 000 iPhone Duo

      Why Apple can’t tell you who its R50 000 iPhone is for

      11 September 2026
      'There are no adults in the room': the AI safety exodus

      ‘There are no adults in the room’: the AI safety exodus

      11 September 2026
    • World
      'This is not circular': Jensen Huang defends $3.5-billion MediaTek deal

      ‘This is not circular’: Jensen Huang defends $3.5-billion MediaTek deal

      2 September 2026
      AI-generated music banned from Australian charts

      AI-generated music banned from Australian charts

      26 August 2026
      Traders brace for a R4.5-trillion swing in Nvidia's value

      Traders brace for a R4.5-trillion swing in Nvidia’s value

      25 August 2026
      Russia building its own Starlink - and faster than expected - Vadym Skibitskyi

      Russia building its own Starlink – and faster than expected

      11 August 2026
      Meta AI will now tell parents if their teen is in crisis

      Meta AI will now tell parents if their teen is in crisis

      17 July 2026
    • In-depth
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
    • TCS
      Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

      Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

      9 September 2026
      Rubicon's EV charging network is profitable - and growing fast - Watts & Wheels

      Rubicon’s EV charging network is profitable – and growing fast

      8 September 2026
      Winstone Jordaan on building a national EV charging network

      Winstone Jordaan on building a national EV charging network

      2 September 2026
      Watts & Wheels S1E8: 'Tesla lands in Africa, just not here'

      Watts & Wheels S1E8: ‘Tesla lands in Africa, just not here’

      24 August 2026
      TCS | Herotel CEO Van Zyl Botha on beating Starlink to South Africa

      TCS | Herotel CEO Van Zyl Botha on beating Starlink to South Africa

      14 August 2026
    • Opinion
      The fragile joint in the Capitec machine - Pambos Soteriades

      The R197-billion market the banks can’t reach

      25 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      Management consulting as we know it is over

      21 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      The most dangerous customer is the quiet one

      10 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      South African tech’s compounding debt problem

      29 July 2026
      The fragile joint in the Capitec machine - Pambos Soteriades

      Best network, worst vibes: the puzzle of SA telecoms

      20 July 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • 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
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • 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
    Get breaking news on 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

    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    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

    icasa

    Icasa to investigate what South Africans pay to communicate

    4 September 2026
    Rural South Africans should not have to trade competition for coverage - Paul Colmer

    Rural South Africans should not have to trade competition for coverage

    3 September 2026
    The hole in the law above the Karoo

    The hole in the law above the Karoo

    26 August 2026
    Company News
    Why businesses are moving n8n onto their own servers - Domains.co.za

    Why businesses are moving n8n onto their own servers

    11 September 2026
    Nitda, NDPC and Galaxy Backbone back CyFrica 2026

    Nitda, NDPC and Galaxy Backbone back CyFrica 2026

    11 September 2026
    Can an online school produce a scientist? CambriLearn has an independent answer

    Can an online school produce a scientist? CambriLearn has an independent answer

    9 September 2026
    Opinion
    The fragile joint in the Capitec machine - Pambos Soteriades

    The R197-billion market the banks can’t reach

    25 August 2026
    South African tech's compounding debt problem - Jannie van Zyl

    Management consulting as we know it is over

    21 August 2026
    South African tech's compounding debt problem - Jannie van Zyl

    The most dangerous customer is the quiet one

    10 August 2026

    Subscribe to Updates

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

    Latest Posts
    South Africa is behind its neighbours on the plumbing of digital IDs

    South Africa is behind its neighbours on the plumbing of digital IDs

    11 September 2026
    South Africa to extradite US cyberfraud-gang suspects to US

    South Africa to extradite cyberfraud-gang suspects to US

    11 September 2026
    Newspaper group Caxton deploys AI editors

    Newspaper group Caxton deploys AI copy editors

    11 September 2026
    Why businesses are moving n8n onto their own servers - Domains.co.za

    Why businesses are moving n8n onto their own servers

    11 September 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • 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}