Communications minister Khumbudzo Ntshavheni

Communications minister Khumudzo Ntshavheni has said she is “elated” by the high court judgment on Monday that postponed analogue television switch-off in South Africa by three months, to end-June, and urged litigant e.tv to “desist from further attempts to derail the process of digital migration”.

In a statement on Tuesday, Ntshavheni said she “welcomes” the deferment of the analogue switch-off date, saying it gives government “sufficient time” to complete the installation of set-top boxes in qualifying indigent households. Government had wanted to terminate analogue broadcasting services by this Thursday, 31 March, but has been ordered by the court not to do so.

“The minister deems it significant that the court has concurred with her and the other respondents that digital migration must be concluded, and the country must have a set date,” the statement said.

Among other things, she said the court affirmed that:

Rights are reciprocal, meaning that for every right there is an obligation. This, she said, affirms her “publicly expressed view that government has a responsibility to assist only households that register and fulfil requirements for government assistance”. She again urged South Africans who earn less than R3 500/month to register for a free set-top box.
It would be unreasonable to allow a situation where an unknown variable (the number of households that have not registered for a subsidised set-top box) is allowed to hold up a process that will “eventually be of benefit to all citizens and where government must meet its international obligations”. Here, she is referring to the release of radio frequency spectrum to telecommunications operator, which will use it to offer mobile broadband services to consumers.
The government has done enough within its powers to help qualifying households realise their right to freedom of expression, including their freedom to receive information.
E.tv’s disagreement with the process followed by government and the broadcaster’s “preference for a process that services its commercial interests does not require further consultation opportunities”. E.tv “cannot dispute its inclusion in several satisfactory consultations over many years regarding the process of digital migration”.

The minister, who must report back to the court within one month on her progress with the implementation of the judgment, said the department of communications & digital technologies is committed to ensuring that the half a million households that registered by 31 October 2021 are connected by no later than end-June, in line with the court order.

The department will also ensure that about 260 000 households that registered between 31 October 2021 and 10 March 2022 are connected by 30 September, also in line with the judgment.

Approached for comment on Tuesday, including on whether it plans to appeal the judgment, e.tv said it will release a statement later in the day outlining its view on the court outcome and its next steps. – © 2022 NewsCentral Media