Electronic Media Network Limited and Others v e.tv (Pty) Limited and Others (CCT140/16; CCT141/16; CCT145/16)
Electronic Media Network Limited and Others v e.tv (Pty) Limited and Others (CCT140/16; CCT141/16; CCT145/16) [2017] ZACC 17; 2017 (9) BCLR 1108 (CC) (8 June 2017)
The majority held that the Minister of Communications acted within her constitutional and statutory powers in amending the Broadcasting Digital Migration Policy, and that the requirements for consultation under section 3(5) of the Electronic Communications Act had been met through previous processes. The policy amendment was not binding on independent authorities, and its exclusion of decryption capabilities from subsidised set top boxes was rationally connected to the legitimate objective of saving public funds. The Court found that e.tv and other stakeholders had ample opportunity to make s…
Source excerpt
- Broadcasting Policy
- Separation Of Powers
- Consultation Requirements
- Rationality Review
- Electronic Communications Act
- Ministerial Policy Amendment