MHLANTLA J [13] After the analogue switch-off date, broadcasters will not be able to transmit on the spectrum originally assigned to analogue, which was auctioned by ICASA. Broadcasters are therefore required to switch off their transmitters. The South African Broadcasting Corporation Limited (SABC) has already switched off some of its analogue transmitters and has migrated to digital. M-Net has switched off 84 transmitters and has also migrated to digital. e.tv has switched off only four out of 95 transmitters and is still broadcasting on analogue. Litigation history [14] On 12 October 2021, e.tv launched an urgent application in the High Court on the basis that the analogue switch-off would permanently prevent millions of people, who had not migrated to digital television transmission and who were not in possession of STBs, from receiving free-to-air television transmission on their analogue television sets. It sought wide ranging relief: a declarator that the Minister may not complete the digital migration process until she has complied with her constitutional obligations to provide STBs to persons in need; a declarator that the Minister must consult with affected parties before completing digital migration; an order reviewing and setting aside a final decision, if one is taken, in relation to the final date for analogue switch-off; and that the Minister must report to the High Court on steps taken to supply STBs and consult with affected parties. MMA and SOS applied and were admitted as intervening applicants. [15] Before the High Court, the applicants argued that the digital migration process was tainted as it violated the rights enshrined in the Bill of Rights, particularly the right to receive social assistance under section 27 and freedom of expression as contained in section 16 of the Constitution. The applicants contended that the government had undertaken to assist approximately 3.75 million qualifying households in the digital migration process by providing STBs and installing these before the analogue switch-off. However, the applicants alleged that approximately 2.58 million qualifying households, comprising of over 8 million people, would not have migrated by the analogue switch-off date. 9