Communications minister Faith Muthambi must embark on a proper legal process to regulate her decision, reached with the SABC, not to require indigent households to have a television licence when applying to receive a free digital TV set-top box.

That’s the warning from Democratic Alliance MP Marian Shinn, who was reacting to Muthambi’s announcement in parliament on Friday — first reported by TechCentral — that the 5m households qualifying for a free set-top box during South Africa’s analogue-to-digital TV switchover won’t have to prove they have a valid SABC TV licence.

The minister reached the decision after consultations with SABC chief operating officer Hlaudi Motsoeneng.

“This decision is unlawful in terms of the Broadcasting Act … that states that no person may use any television set unless such person is in possession of a television licence issued by the SABC unless exempted by regulation,” said Shinn in a statement.

In March, in response to a parliamentary question from Shinn, Muthambi said that no amendments to the Broadcasting Act had been drafted for the waiver of TV licences and that the matter was being discussed with the SABC.

“This clearly shows Muthambi’s contempt for the correct legislative process and the parliament to which she must account. The decision to waive the TV licence requirement is the responsibility of parliament, not the SABC board,” Shinn said.

“Muthambi has had two years to regulate an appropriate amendment to the law and put the matter before parliament and the public for discussion. She has neglected to do so, despite my regular prompting via parliamentary questions that she should consider a regulatory option to the dilemma.

“While the DA respects the law that requires TV set users to have valid TV licences, a sympathetic view needs to be taken to ensure that poor households are not excluded from access to the public broadcaster and other TV stations’ programmes because they cannot afford a licence.

“More importantly, South Africa cannot continue the lag in its move to digital broadcasting, the international deadline for which was last June. The longer we delay in switching off the analogue signal, the longer it will take for the electromagnetic spectrum freed up by the switch-off to be used for mobile broadband to reach underserviced areas.