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
      Starlink wait set to drag on as Icasa flags legal hurdle

      Starlink wait set to drag on as Icasa flags legal hurdle

      13 May 2026
      Malatsi opens door to 'some' partial privatisations of SOEs - communications minister Solly Malatsi

      Malatsi opens door to ‘some’ partial privatisations of SOEs

      13 May 2026
      Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

      Sam Altman denies betraying Elon Musk

      13 May 2026
      Naked Insurance launches native app in ChatGPT - Alex Thomson

      Naked Insurance launches native app in ChatGPT

      13 May 2026
      Canal+ firms up 3 June JSE listing

      Canal+ firms up 3 June JSE listing

      13 May 2026
    • World
      Pop star sues Samsung for $15-million - Dua Lipa

      Pop star sues Samsung for $15-million

      11 May 2026
      OpenAI's new audio APIs aim for conversational voice agents

      OpenAI’s new audio APIs aim for conversational voice agents

      8 May 2026
      'It was my idea': Musk claims paternity of OpenAI - Elon Musk

      ‘It was my idea’: Musk claims paternity of OpenAI

      29 April 2026
      Pivotal week for US tech stocks

      Pivotal week for US tech stocks

      28 April 2026
      Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

      Worries over OpenAI’s growth as Anthropic gains ground

      28 April 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      Datatec is firing on all cylinders - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
      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
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      R230-million in the bag for Endeavor's third Harvest Fund - Alison Collier

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

      3 March 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
      • 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
      • 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 » In-depth » E.tv lawsuit: Pule fights back

    E.tv lawsuit: Pule fights back

    By Duncan McLeod5 October 2012
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp
    Communications minister Dina Pule

    Communications minister Dina Pule is “surprised” by e.tv’s high court application against her in which the free-to-air broadcaster accuses her of acting unlawfully in appointing Sentech to manage the control system that will be used in the set-top boxes that are needed for consumers to receive digital terrestrial television signals.

    “The minister is surprised by this application, which seems to be aimed at [making] technical [and] legal points, probably at the expense of digital migration, with the risk that SA may be bogged down [in] legal battles and [fail] to meet its deadline in terms of its international commitments,” says communications department director-general Rosey Sekese in an answering affidavit filed at the high court in Johannesburg this week.

    SA must complete its migration to digital television by no later than June 2015 if it’s not to be in breach of commitments made to the International Telecommunication Union (ITU).

    In a founding affidavit filed last month, e.tv chief operating officer Bronwyn Keene-Young accuses Pule of exercising powers she doesn’t have when she appointed state-owned Sentech – and by extension conditional access technology supplier Nagravision – to be the party responsible for managing the set-top box control system.

    The control system, also known as the conditional access system, will ensure compliance with a minimum set of specifications for set-top boxes and prevent grey imports. Only those boxes that comply with minimum specifications will be able to decode the country’s digital broadcasts. Individual set-top boxes will also be able to be switched off, preventing the use of stolen boxes.

    Keene-Young argues that “no piece of legislation confers upon the minister the power to determine that Sentech be responsible for managing the set-top box control system”. Among other things, e.tv is concerned that Sentech will be able to set the price for access to the control system and argues that the costs would “significantly exceed” the costs if e.tv and the SABC were to manage the control system themselves, as originally proposed.

    However, Sekese hits back at e.tv in her answering affidavit, defending Pule’s decision and arguing that the minister was entitled to make it under section 231 of the constitution, which deals with the responsibilities of the national executive in negotiating and signing international agreements.

    “It will be submitted … that all agreements by member states of the ITU are agreements referred to in section 231(3) of the constitution,” Sekese says. “They do not require any ratification. Nor do they need to be enacted into any law by national legislation.

    According to the answering affidavit, an “in-house conference of stakeholders” held in Cape Town in 2011 concluded that the control system for set-top boxes would be procured by “the broadcasters” (e.tv and the SABC) and managed by Sentech.

    “It is clear from the minutes … that the consensus of the participants in the in-house conference was that the broadcasters would procure the set-top box control system and that the management of the system would be [handled] by Sentech,” Sekese says.

    Her affidavit does not say which parties attended the conference or whether the decisions made were binding.

    She insists Pule’s decision to make Sentech the manager of the control system was taken to reduce costs and expedite the move to digital television.

    “On realising that the existing system at Sentech met the requirements needed for the digital television project and that a completely new system was not required, and that this would be more cost effective and time efficient for the government, the minister then instructed Sentech to assume responsibility for the control system and to ensure that the project timelines were maintained.”

    Bronwyn Keene-Young

    According to Sekese, Pule was told by her advisers that the cost of acquiring a new control system would be about R35m, whereas upgrading Sentech’s system would cost “no more than R7m”, including maintenance costs. Sentech has the “experience and skills to operate the existing system”, meaning there would a “saving on training costs”.

    One of the grounds on which e.tv is opposing Pule’s decision to make Sentech the manager of the control system for digital television is that the signal distributor has experienced serious security problems with the encryption of its Vivid satellite platform.

    “E.tv has direct experience of Sentech’s mismanagement of this system and, had it been given the opportunity to do so, would have placed evidence of this before the minister to contend that Sentech is plainly ill-equipped to managed such a system in the present context.”

    However, in her affidavit Sekese says there is nothing that compels either e.tv or the SABC not to use their own control system. “If they do desire, they can still procure their own set-top boxes and distribute [these]. Another alternative is that the [government]-subsidised set-top boxes contain hardware for other control systems in addition to Sentech’s control system, but for the account of the party requesting the inclusion of such hardware.

    “Consequently, nothing stops the SABC and e.tv from continuing with their tender and appointing their own vendor for a set-top box control system, provided such a control system will be used in their own, non-subsidised set-top boxes or, alternatively, that they pay the cost of inclusion of their control system hardware in the subsidised set-top boxes.”

    E.tv is expected to file a replying affidavit to the court next week.  — (c) 2012 NewsCentral Media

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


    Bronwyn Keene-Young Dina Pule e.tv Rosey Sekese SABC Sentech
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleAR.Drone 2: up in the air
    Next Article Vox to make satellite Internet portable

    Related Posts

    Malatsi opens door to 'some' partial privatisations of SOEs - communications minister Solly Malatsi

    Malatsi opens door to ‘some’ partial privatisations of SOEs

    13 May 2026
    South Africa's TikTok election is coming

    South Africa’s TikTok election is coming

    7 May 2026
    State broadband merger limps into a second decade - Solly Malatsi

    State broadband merger limps into a second decade

    28 April 2026
    Company News
    In crypto, trust is the new currency - Binance South Africa's Sam Mkhize

    In crypto, trust is the new currency

    13 May 2026
    Don't miss the Telviva Tech Insights webinar

    Don’t miss the Telviva Tech Insights webinar

    13 May 2026

    Don’t miss the Pan African DataCentres Exhibition & Conference

    13 May 2026
    Opinion
    Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

    Free calls, dead voice and Shameel Joosub’s Spanish ghost

    22 April 2026
    The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

    The conflict of interest at the heart of PayShap’s slow adoption

    26 March 2026
    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

    Subscribe to Updates

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

    Latest Posts
    Starlink wait set to drag on as Icasa flags legal hurdle

    Starlink wait set to drag on as Icasa flags legal hurdle

    13 May 2026
    Malatsi opens door to 'some' partial privatisations of SOEs - communications minister Solly Malatsi

    Malatsi opens door to ‘some’ partial privatisations of SOEs

    13 May 2026
    Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

    Sam Altman denies betraying Elon Musk

    13 May 2026
    Naked Insurance launches native app in ChatGPT - Alex Thomson

    Naked Insurance launches native app in ChatGPT

    13 May 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}