MEDIA STATEMENT29 June 2022Media Monitoring Africa (MMA) and the SOS Support Public Broadcasting Coalition (SOS)welcome the judgement by the Constitutional Court that the implementation of the processto switch off the analogue signal by the Minister of Communication and DigitalTechnologies, Khumbudzo Ntshavheni is deemed to be tainted with irrationality andtherefore unconstitutional, invalid, and set aside.The court undertook to safeguard the wellbeing of the millions of people who otherwisewould have been plunged into darkness and deprived of the basic right to freedom ofexpression and that of access to information. This is due to the Minister’s decision not togive adequate notice, and failure to engage in a public consultation process with theaffected parties and the media sector.The ruling of the constitutional court is in accordance with MMA and SOS’s argument thatthe registration process to secure a set top box (STB) was defective with no robust publiccommunication, which goes against the objective of allowing the indigent households toduly register. The court also acknowledged that the indigent who registered after the 31October 2021 deadline would experience television blackout for 3-6 months after theanalogue switch off.Moreover, the court had it that the initial Analogue Switch Off (ASO) date of 31 March 2022,set by the Minster is not justified and thus unlawful. As such, by default, 30 June 2022deadline falls on the wayside.The judgment states that leave to appeal directly to the Constitutional Court on an urgentbasis is granted and the appeal is upheld. The High Court ruling is set aside, and this courthas ordered that the ASO date and the end of dual illumination pronounced by the Ministerin terms of the Broadcasting Digital Migration Policy (as amended) is unconstitutional,invalid and is set aside. The same applies to the Minister’s decision to impose the 31October 2021 deadline for the indigent to register for free set-top boxes.The judgement is welcomed as a win for democracy. It is a win for people who otherwisewould have lost critical means of access to information. However, the goal is to completethe process of digital migration effectively, efficiently, and with ensuring that those who stillrely on analogue signal to access information, to be migrated to digital without anyinterruption of receiving a signal. This judgement gives government an opportunity toensure that a fair and complete process unfolds, and that no communities are excludedfrom the migration process.MMA and SOS will be paying close attention to the renewed process, and we call on theMinister to ensure that adequate, meaningful public consultation is held and the process ofa just and fair digital migration, finally realised. For more information, please contact:Thandi SmithHead of Programmes (Media Monitoring Africa)+27734707306Uyanda SiyotulaNational Coordinator (SOS Coalition)+27606912462