MHLANTLA J understood her power to determine the analogue switch-off date to be in terms of the BDM Policy. The Minister submits that she derives her power to make policies relating to information, communications and technology, such as the BDM Policy, in terms of section 3(1) of the ECA.34 [32] The Minister argues that the question concerning the nature of her powers was settled by this Court in Electronic Media Network Limited.35 In that case, this Court had to consider whether the Minister had the power to effect an amendment to the 2008 BDM Policy and whether the necessary consultations under the ECA were undertaken before the policy was adopted. [33] I do not understand Electronic Media Network Limited to have decided this issue as argued by the Minister. The question before the Court was “[whether the Minister] 34 Section 3(1) of the ECA provides: “The Minister may make policies on matters of national policy applicable to the [information, communications and technology] sector, consistent with the objects of this Act and of the related legislation in relation to— 35 (a) the radio frequency spectrum; (b) universal service and access policy; (c) the Republic’s obligations and undertakings under bilateral, multilateral or international treaties and conventions, including technical standards and frequency matters; (d) the application of new technologies pertaining to electronic communications services, broadcasting services and electronic communications network services; (e) guidelines for the determination by the Authority of licence fees and spectrum fees associated with the award of the licences contemplated in Chapter 3 and Chapter 5, including incentives that may apply to individual licences where the applicant makes binding commitments to construct electronic communications networks and provide electronic communications services in rural and under-serviced areas of the Republic; (f) the promotion of universal service and electronic communications services in under-serviced areas; (g) mechanisms to promote the participation of [small enterprises] in the [information, communications and technology] sector; (h) the control, direction and role of state-owned enterprises subject to the Broadcasting Act and the Companies Act, 1973 (Act No. 61 of 1973); and (i) any other policy which may be necessary for the application of this Act or the related legislation.” Electronic Media Network Limited v e.tv (Pty) Limited [2017] ZACC 17; 2017 (9) BCLR 1108 (CC). 16