The case against the minister was brought by e.tv owner eMedia, Media Monitoring Africa, and the SOS Save Our Public Broadcasting group.
Image: Karen Sandison / Independent Newspapers Archives
“We need a new and urgent path forward. We need to work together with the government and the broadcasters to ensure we still have free-to-air television that is accessible to all and that can bring the benefits of digital.”
This was the hope of Media Monitoring Africa’s (MMA) director, William Bird, whose organisation was one of the three applicants granted interim relief by the High Court, Gauteng Division on March 27, 2025.
The President of the Republic of South Africa, the Minister of Communications and Digital Technology, and nine other respondents were challenged in the lawsuit by eTV Pty Limited, Media Monitoring Africa, and Support Public Broadcasting Coalition (SOS).
The applicants sought to challenge the decision to set the analogue switch-off (ASO) on March 31, 2025, on a number of fronts namely, irrationality, unlawfulness, absence of consultation, and non-compliance.
ASO refers to the planned transition from analogue to digital television broadcasting, also known as Digital Terrestrial Television (DTT).
Judge Selby Baqwa found that the ASO decision was not only unlawfully made by Cabinet — instead of the minister, who is legally responsible for determining the date — but also irrational and procedurally unfair.
Baqwa also found that there was no proper consultation with stakeholders about the March 2025 deadline and no evidence that the government had plans to protect the more than 447 000 households (which translates to 1.4 million people) who would lose TV access - many of which are among the poorest and most vulnerable households (read full judgment here).
Baqwa said pending the final determination of the relief sought in Part B of the application, that:
Commenting on the decision, Bird said: “Going to court is always a last resort and we only do so when we have run out of options. The reality is that had the ASO gone ahead, millions of people would have lost access to television, and the SABC and other community broadcasters would have faced ‘killer blows’ to the extent that some or all would have had to cease operating.
“We are, therefore, delighted that the court ruled in our favour and we won on every ground. We are also deeply indebted to the court for its unambiguous approach to rights and stressed the harm that would occur.”
Bird said that they hope that this matter will be the last time they are forced to go to court.
“We need to find ways to work together so we can focus on other critical issues. We have attempted to find constructive methods and engage with the Department of Communications and Digital Technology (DCDT) over the years and in most instances our requests were ignored.
“We hope the minister will consult with us on a way forward.”
The spokesperson for Solly Malatsi, Minister of Communications and Digital Technology, Kwena Moloto, said the minister was currently studying the judgment with the DCDT legal team “to guide how best to proceed on this matter”.
“We will communicate in detail once we have concluded consultations including Cabinet.”
The Portfolio Committee on DCDT said while they note the importance of the digital switch-over to ensure that South Africa is on par with global trends in adopting digital technologies, it is more important that the constitutional obligations and court rulings are upheld in the interest of inclusivity.
“Implementing the ASO in the current conditions would serve only to exacerbate the existing crisis at the SABC as it is estimated that the public broadcaster would lose not only approximately 30% of its audiences but also attendant revenue.
“The committee appreciates the complexity and multifaceted nature of the Broadcasting Digital Migration (BDM) policy, which involves multiple stakeholders, budget allocations, and implementation challenges,” they said.
“Further, the committee remains concerned about the challenges of maintaining the analogue network, which comes at an exorbitant cost for dual illumination to Sentech. Consequently, an amplified stakeholder engagement practice that fosters consensus and collaboration needs to take precedence.”
Portfolio Committee chairperson, Khusela Diko, urged the government to have tactical agility and not wait for another potential loss in Part B of the application, but for the minister to urgently present measures to achieve an all-inclusive digital switch-over date, taking into consideration the court ruling.
“The committee remains committed to the digital switch-over and will ensure stringent oversight over the government in its delivery. An expedited digital switch-over will ensure that the much-needed spectrum is freed and allocated to critical services. This will ensure that the digital dividend contributes to an inclusive digital economy,” Diko said.
GOOD Party Secretary-General Brett Herron added that it was ridiculous that the government must be consistently reminded of its obligation for equal treatment of citizens.
“We know for a fact that millions of people still only have access to the analogue broadcast system, in some of the most rural parts of the country.
“While we acknowledge Minister Malatsi’s admission around the cost of dual illumination, it is important we balance this against the right to information of the public. With an estimated 12 million South Africans relying on analogue broadcasting, the switch-off is a very real threat to their right to information,” Herron said.
“The minister, alongside industry stakeholders and others, must come up with a viable plan that allows for the eventual switch-off while not jeopardising the public’s rights. The fiscal cost can not be a justifiable reason to forego the rights of ordinary South Africans.”
GIBS Media Leadership Think Tank director, Michael Markovitz, has previously highlighted that if Digital Terrestrial Television (DTT) were a business, it would have collapsed long ago and that despite over R12 billion spent and more than a decade of effort, “DTT has failed to meet its core goal: migrating five million households to digital TV”.
Commenting on the recent ruling, Markovitz added: “The court has now given the country one last opportunity to get this right. The ASO will remain suspended until the full review (Part B of the application) is heard. But the writing is already on the wall.
“It’s time for the government to accept that DTT has failed. Scrap it. Invest in satellite migration. Explore data zero-rating for public channels. It’s time to deliver on that broken promise. Anything less would betray the rights of millions of South Africa’s poorest households.”
theolin.tembo@inl.co.za