The legal challenge from eTV, Media Monitoring Africa, and SOS Support Public Broadcasting to postpone the upcoming analogue switch-off date continued yesterday, March 19, at the Gauteng High Court in Pretoria. The applicants are urging the Court to assess the validity of the switched-off date of March 31 and to mandate the Minister of Communications and Digital Technologies to determine a new date.
The trio argues that enforcing the current analogue switch-off date could deny millions of South Africans access to television. In its court arguments, eTV asserts that the government did not engage in adequate consultation before setting the March 31, 2025, deadline.
The timeline has shifted: On November 28, 2024, stakeholders were informed that the initial switch-off date of December 31, 2024, would not be extended. However, on December 5, 2025, the new deadline was pushed to March 31, 2025, without requiring stakeholder feedback in the interim.
Uyanda Siyotula, the national coordinator for SOS, emphasized that proceeding with the deadline would compromise the rights of many impoverished individuals. He articulated that the court was made aware of the importance of consultation following a ruling from the Constitutional Court.
William Bird, director of Media Monitoring Africa, reinforced this message, highlighting that approximately 28.5% of South Africans rely solely on free-to-air services for television access. “If the switch-off moves forward as scheduled, it risks leaving 4.5 million households without any viewership,” Bird stated, stressing that such a scenario is unacceptable for the nation’s most vulnerable communities.
The applicants contend that nearly 14 million citizens would lose television access if the switch-off date remains unchanged. Nomsa Chabeli, CEO of SABC, cautioned that this transition could eliminate services for about 4 million households lacking satellite access or set-top boxes, jeopardizing the public broadcaster’s economic viability.
Chabeli pointed out that while SABC is a public broadcaster, it does not receive government funding and must remain self-sufficient. “When the ability to reach audiences diminishes, along with advertiser engagement, it directly threatens our public mandate,” she explained.
Additionally, the applicants argue that the Department of Communications and Digital Technologies did not consult thoroughly regarding the planned migration set to commence at the end of this month. Their challenges to the deadline are rooted in several key points:
- The decision breaches assurances made by the government due to a lack of meaningful consultation.
- The government is significantly behind in distributing set-top boxes (STBs) to those in need, as promised before the deadline.
- An immediate cessation of all analogue television broadcasting would ensue with the analogue switch-off.
The outcome of this legal battle could have significant implications for millions of South Africans dependent on television services.
