POLITICS

e.tv welcomes Supreme Court of Appeal ruling

Court finds that Minister was not empowered to issue such a binding direction, and acted beyond her legal authority

e.tv welcomes Supreme Court of Appeal ruling

31 May 2016

e.tv welcomes the ruling by the Supreme Court of Appeal (SCA) setting aside the provision in the Broadcasting Digital Migration Policy which provided that Government subsidized set-top boxes would not have the capability to encrypt broadcast signals.

e.tv hopes that the clarity provided by the ruling will aid in providing a proper approach to the implementation of the Digital Terrestrial Television (DTT) migration in South Africa.

The Supreme Court of Appeal upheld all three grounds of appeal relied on by e.tv

The court found that Minister Muthambi’s failure to consult with e.tv, ICASA and USAASA and other interested parties, such as SOS Public Broadcasting Coalition, rendered the process of enacting the amendment irrational.

The Court also found the amendment to be in breach of the principle of legality.

The SCA also found that the Minister was not empowered to issue such a binding direction, and she acted beyond her legal authority.

Mark Rosin, chief operating officer of e.tv, reiterates the channel’s stance on digital migration, “We are committed to the DTT platform, but want it to happen in an inclusive and organized manner. This ruling allows the possibility of a strong and stable DTT platform to South African free-to-air television viewers offering the best local and international content.”

Issued by Vasili Vass, Group Head, Corporate Affairs, 31 May 2016