MHLANTLA J [38] In the Minister’s submissions, Motau is used as authority to argue that the decision the Minister took to determine the analogue switch-off date is a policy decision or closely connected to or “adjunct to her executive policy formulation function”.44 During the hearing, counsel for the Minister was asked whether any consultations were undertaken before determining a cut-off date to register for the installation of STBs before the analogue switch-off date. Counsel argued that consultation was not necessary as the Minister was merely exercising an “adjunct” power to the original policy power – which is to determine the analogue switch-off date. On the strength of the Minister’s own submissions and reliance on Motau, an “adjunct” power is still an executive power which, at the bare minimum, must be rationally exercised. The decision to determine the 31 October 2021 deadline for registration was also the implementation of policy as an adjunct power to the Minister’s policy function to determine the analogue switch-off date. [39] Accordingly, there are two relevant decisions which must pass constitutional muster: (a) the decision to determine the analogue switch-off date; and (b) the decision to determine 31 October 2021 as the deadline to register for STBs and to be supplied with such STBs before the analogue switch-off date. Legality [40] In Affordable Medicines Trust,45 this Court described the principle of legality as a constitutional control of the exercise of public power when it held: “The exercise of public power must therefore comply with the Constitution, which is the supreme law, and the doctrine of legality, which is part of that law. The doctrine of legality, which is an incident of the rule of law, is one of the constitutional controls through which the exercise of public power is regulated by the Constitution.”46 44 Motau above n 37 at para 48. 45 Affordable Medicines Trust v Minister of Health [2005] ZACC 3; 2006 (3) SA 247 (CC); 2005 (6) BCLR 529 (CC). 46 Id at para 49. 19