MHLANTLA J Analysis Jurisdiction [25] This Court has jurisdiction to decide constitutional matters and any other matter that raises an arguable point of law of general public importance that ought to be considered by it.32 This matter concerns a review of the Minister’s actions and a determination whether the Minister acted within the bounds of the Constitution. The Minister does not dispute that this Court has jurisdiction to entertain the matter. This is clearly a constitutional matter; therefore, the jurisdiction of this Court is engaged. Direct appeal and urgency [26] This Court has a discretion to determine whether direct leave to appeal to it should be granted.33 This discretion entails an interests of justice enquiry. The applicants submit that a direct appeal is warranted because: (a) the appeal involves only constitutional issues and there are no material disputes of fact; (b) this matter does not concern or call for the development of the common law; (c) the appeal raises critical issues of public and constitutional significance; (d) the matter is urgent as the analogue switch-off date was determined by the High Court to be 30 June 2022; (e) the applications have strong prospects of success; (f) there is an urgent need to bring finality to this matter; and (g) although the Supreme Court of Appeal will be bypassed, this Court has the benefit of a judgment from the Full Court. [27] The urgency of this matter is not in dispute. The Minister agrees that this matter is urgent due to fact that the switch-off date of 30 June 2022 is imminent and because ICASA has completed the auction of the spectrum. The spectrum ought to be available from 1 July 2022. I agree with the parties that this matter is without a doubt urgent. The extended date of 30 June 2022 looms and does not provide sufficient time for the 32 Section 167(3)(b) of the Constitution. 33 Phillips v National Director of Public Prosecutions [2005] ZACC 15; 2006 (1) SA 505 (CC); 2006 (2) BCLR 274 (CC) at para 30. 14

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