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)
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