MHLANTLA J
[16]
The applicants further argued that the Minister had a duty to consult with various
interested parties and stakeholders, inclusive of the applicants, before announcing the
analogue switch-off date. They invoked this Court’s decision in KwaZulu-Natal Joint
Liaison Committee,16 and contended that the import of this decision is that a state organ
will be bound by its public promises. The applicants submitted that the Minister, and
the government by extension, were bound by the undertaking to provide and install
STBs, so as to ensure that no one is left behind when the analogue switch-off is
implemented and could not renege from that promise as doing so “would be legally and
constitutionally unconscionable”.
[17]
The High Court relied upon the minority judgment of KwaZulu-Natal Joint
Liaison Committee and held that it “is more in line with the position in our law of
contract and the law of property which recognises various rights and obligations”.17 To
determine the nature and extent of the promise to establish if any rights and obligations
were created, the High Court considered the 2008 BDM Policy, the 2012 BDM Policy,
the 2015 BDM Policy and the statistics before it. It accepted that, out of 14 million
television sets in South Africa, 10.5 million were compliant with digital transmission
and 3.75 million were analogue.18 It held, however, that no evidence was adduced to
indicate the financial status of the households still using analogue television sets, for
purposes of determining whether they qualify for the STBs.19
[18]
The High Court held that the Minister did not adduce evidence to show what
remained to be achieved before the March 2022 analogue switch-off date,20 and noted
the undertakings by the state to install 507 251 STBs by the end of March to cater for
the households which qualify and had registered but had not been supplied with STBs.
16
KwaZulu-Natal Joint Liaison Committee v MEC for Education, KwaZulu-Natal [2013] ZACC 10; 2013 (4) SA
262 (CC); 2013 (6) BCLR 615 (CC).
17
High Court judgment above n 2 at para 34.
18
Id at para 49.
19
Id at para 50.
20
Id at para 53.
10
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