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South Africa Case Law

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Constitutional Law [2022] ZACC 22

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)

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)

Court
Constitutional Court
Case number
CCT 89/22; CCT 92/22
Judges
Kollapen, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

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…

Source excerpt

  • Procedural Rationality
  • Ministerial Powers
  • Digital Migration Policy
  • Consultation Requirements
  • Legality Review
  • Broadcasting Regulation
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Administrative Law [2016] ZASCA 85

e.tv (Pty) Ltd and Others v Minister of Communications and Others (1039/2015)

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)

Court
Supreme Court of Appeal
Case number
1039/2015
Judges
Lewis, Saldulker, Swain, Mbha, Baartman

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…

Source excerpt

  • Principle Of Legality
  • Consultation Requirements
  • Ultra Vires
  • Digital Migration Policy
  • Broadcasting Regulation
  • Encryption Of Broadcast Signals
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.