Digital Migration Policy (as amended), is unconstitutional, invalid and is set aside. (b) It is declared that the Minister’s decision to impose a deadline of 31 October 2021 to register for set-top boxes is unconstitutional, invalid and is set aside. (c) The Minister must pay the costs of the applicants, including the costs of two counsel where so employed.” 4. The Minister must pay the applicants’ costs in this Court, including the costs of two counsel. JUDGMENT MHLANTLA J (Kollapen J, Majiedt J, Mathopo J, Mlambo AJ, Theron J, Tshiqi J and Unterhalter AJ concurring): Introduction [1] This matter concerns the process of television migration from analogue signal to digital signal. Before 1976, South Africans relied on the radio network for information, news and entertainment as there was no television broadcasting. This situation changed in 1976 with the introduction of television broadcasting, which was accessed through analogue television sets. The broadcasting signal in an analogue television set is received directly from an aerial or antenna and transmits through analogue signal. With the advent of technology, digital technologies were introduced in various aspects and areas of communication, including radio and television broadcasting. [2] Digital migration is the process through which the broadcasting of television and radio is converted from analogue to digital technologies and frequency signals. Both frequency signals are found on the electromagnetic spectrum (spectrum) that is used to 4

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