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South Africa decisions
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Zuma and Another v South African Broaddcasting Corporation and Others (2024/077748) [2025] ZAGPJHC 79 (31 January 2025)
The High Court dismissed a challenge to the SABC’s use of “Government of National Unity,” holding that the dispute was political, not constitutional.
e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others (89/22;CCT 92/22) [2022] ZACC 22; 2022 (9) BCLR 1055 (CC); 2023 (3) SA 1 (CC) (28 June 2022)
The Constitutional Court held that the Minister's determination of the analogue switch-off date and the STB registration deadline was unlawful and irrational. The Minister exercised executive power, but the process leading to the decision failed to provide adequate notice and opportunity for affected households to register for STBs. The Minister did not properly consult with all relevant parties, and the process was tainted by procedural irrationality. The Court found that the Minister lacked reliable information on the number of households requiring STBs and failed to mitigate the adverse im…
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Recycling and Economic Development Initiative of South Africa NPC and Another v Broadcasting Complaints Commission of South Africa (21662/2016) [2016] ZAGPJHC 319 (18 November 2016)
Sub-rule 3.9 of the Broadcasting Complaints Commission's procedural rules is inconsistent with section 192 of the Constitution, as it requires complainants to waive their right to institute civil proceedings against broadcasters before their regulatory complaints are considered. This operates against the public interest and fairness, unduly favours broadcasters, and constitutes an unreasonable and unjustifiable limitation on the constitutional right of access to courts. The rule is irrational and ultra vires the empowering statute. The Chairperson's decision to require such a waiver is invali…
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Democratic Alliance v Independent Communications Authority of South Africa and Others (03462/2015) [2016] ZAGPJHC 238 (9 September 2016)
High Court review of an ICASA ruling on a political advert; the court set aside the finding that the ad breached broadcast election regulations.
Helen Suzman Foundation v South African Broadcasting Corporation Soc Ltd and Others (52160/16) [2016] ZAGPPHC 606 (20 July 2016)
The High Court granted an interim interdict stopping the SABC’s censorship decision and requiring compliance with constitutional and broadcasting obligations pending review.
Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16) [2016] ZACAC 3; [2016] 1 CPLR 1 (CAC) (24 June 2016)
The court held that the agreement between MultiChoice and SABC did not constitute a merger as defined in section 12 of the Competition Act. The exclusive licensing of SABC's entertainment channel to MultiChoice, while significant, did not amount to a transfer of a discrete business or productive capacity, as the content represented a minor portion of SABC's archive and SABC retained ownership and operational control. The five-year duration of the agreement was not sufficiently permanent to alter market structure or confer lasting control. Regarding the encryption clause, the court found that…
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e.tv (Pty) Ltd and Others v Minister of Communications and Others (1039/2015) [2016] ZASCA 85; [2016] 3 All SA 362 (SCA); 2016 (6) SA 356 (SCA) (31 May 2016)
The Supreme Court of Appeal held that the Minister of Communications was required by both the Electronic Communications Act and the principle of legality to consult stakeholders and statutory bodies, specifically ICASA and USAASA, before amending the Digital Broadcasting Migration Policy. The 2015 amendment, which excluded encryption capability from subsidized set-top boxes, constituted a marked change from previous policy iterations and was enacted without proper consultation. This failure rendered the amendment irrational and procedurally unfair, as it did not achieve its stated purpose and…
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Primedia Broadcasting, A Division of Primedia (Pty) Ltd and Others v Speaker of the National Assembly and Others (2749/2015) [2015] ZAWCHC 72; 2015 (4) SA 525 (WCC); [2015] 3 All SA 340 (WCC); 2015 (7) BCLR 835 (WCC) (28 May 2015)
The majority held that Parliament’s Policy and Rules restricting the broadcast of incidents of grave disorder and unparliamentary behaviour are reasonable measures within the meaning of sections 59(1)(b) and 72(1)(b) of the Constitution. Parliament is constitutionally empowered to regulate its internal arrangements and proceedings to protect its dignity and functionality. The measures do not amount to censorship but serve to balance openness with the need to maintain order and decorum. The applicants failed to demonstrate that the limitations are unreasonable or unjustifiable. Regarding the s…
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e.tv (Pty) Ltd v Minister of Communications and Others (34694/2012) [2012] ZAGPJHC 268 (1 December 2012)
The court held that the Minister of Communications did not have the legal authority under the Electronic Communications Act or any other legislation to instruct Sentech to assume responsibility for the set top box control system for free-to-air digital terrestrial television. The Minister's powers are limited to policy development, and regulatory authority is vested in ICASA. The decision was not a valid exercise of executive power and, even if considered administrative action, was procedurally flawed as e.tv and SABC were not afforded an opportunity to make representations. The International…
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Freedom of Expression Institute v Chair, Complaints and Compliance Committee and Others (2009/51933) [2011] ZAGPJHC 2 (24 January 2011)
High Court review of a CCC decision found ICASA's committee had misread its jurisdiction and set aside its dismissal of FXI's complaint against the SABC.
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