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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