High Court Derails Analogue Switch-off

The judgment is a political setback for Malatsi, who had set the deadline for switch-off and then refused to budge even as he was dragged to court by e.tv.

The free-to-air broadcaster filed suit against Malatsi in January after the minister announced in December that all analogue broadcasts would be switched off at the end of March, or next Monday.

In its application, the broadcaster accused Malatsi of repeating a mistake made by his predecessor, Khumbudzo Ntshavheni, by not consulting industry stakeholders before deciding on a date for analogue switch-off.

In the judgment, Baqwa acknowledged that Malatsi indeed failed to consult with the industry prior to making his decision. He said neither cabinet nor Malatsi informed stakeholders that 31 March was being considered as the switch-off date. Furthermore, no invitation for comment on the feasibility of the deadline was sent to the industry despite the constitutional court highlighting that consultation was crucial when it ruled against Ntshavheni in 2022.

Other than the stipulations set out by the constitutional court ruling, Baqwa added that whenever an organ of state adopts a change of stance or "changes a horse midstream", it has a duty to ensure all interested parties are informed of a proposed change. "The setting of the analogue switch-off at 31 March is irrational."