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Administrative Law [2012] ZAGPJHC 268

e.tv (Pty) Ltd v Minister of Communications and Others (34694/2012)

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…

  • Promotion Of Administrative Justice Act
  • Ministerial Powers
  • Broadcasting Regulation
  • Digital Migration
  • Set Top Box Control
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