MHLANTLA J
In this Court
[23]
Aggrieved by the decision of the High Court, the applicants have now
approached this Court for direct leave to appeal on an urgent basis.
Issues
[24]
The issues for determination are as follows:
(a)
Do these applications engage this Court’s jurisdiction?
(b)
Should leave to appeal directly to this Court on an urgent basis be
granted?
(c)
If the answers to (a) and (b) are in the affirmative, then the following
issues arise:
(i)
Whether the rights under sections 16 and 27 of the Constitution
have been infringed.
(ii)
The nature of the Minister’s power to determine the analogue
switch-off date.
(iii)
If the Minister’s power is an executive one, did the Minister act
rationally?
If the power is administrative in nature, did the
Minister adequately consult, as required by the Promotion of
Administrative Justice Act31 (PAJA) before taking the decision to
determine the analogue switch-off date?
(iv)
What is the appropriate remedy?
(v)
Did the High Court err in its finding that the Biowatch principle
does not apply to e.tv; therefore, mulcting e.tv in costs?
31
3 of 2000.
13
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