LIQUID TELECOMMUNICATIONS
SOUTH AFRICA (PTY) LIMITED
SENTECH SOC LIMITED
Twelfth Respondent
Thirteenth Respondent
Neutral citation:
e.tv (Pty) Limited v Minister of Communications and Digital
Technologies and Others; Media Monitoring Africa and Another v
e.tv (Pty) Limited and Others [2022] ZACC 22
Coram:
Kollapen J, Majiedt J, Mathopo J, Mhlantla J, Mlambo AJ,
Theron J, Tshiqi J and Unterhalter AJ
Judgment:
Mhlantla J (unanimous)
Heard on:
20 May 2022
Decided on:
28 June 2022
Summary:
Analogue switch-off date — duty to give notice — procedural
rationality
Remedy — review of Minister’s decision — separation of
powers — substitution not appropriate — setting aside of
Minister’s decision
ORDER
On direct appeal from the High Court of South Africa, Gauteng Division, Pretoria:
1.
Leave to appeal directly to this Court on an urgent basis is granted.
2.
The appeal is upheld.
3.
The order of the High Court is set aside and replaced with the following:
“(a)
It is declared that the announcement of 31 March 2022 as the final
switch-off date of the analogue signal and the end of dual
illumination issued by the Minister of Communications and Digital
Technology on 28 February 2022 in terms of the Broadcasting