MHLANTLA J co-applicants. Where I refer to the “applicants” in this judgment, it is to e.tv, MMA and SOS collectively. [5] Not all the respondents cited in these applications participated in the proceedings before this Court. Those who participated were the Minister,3 the Independent Communications Authority of South Africa (ICASA);4 the Chairperson of ICASA;5 Vodacom (Pty) Limited (Vodacom);6 and Sentech SOC Limited7 (Sentech). The Minister is the custodian of the process of digital migration and responsible for the analogue switch-off as well as all the processes preceding and succeeding it. ICASA was established in terms of section 3(1) of the Independent Communications Authority of South Africa Act,8 and is the regulatory body empowered to release the available spectrum for use by the Mobile Network Operators (MNOs). Vodacom is an MNO in South Africa. Sentech is a state-owned company and a leading provider of electronic communications network services to the country’s broadcasting and communications industry. Background [6] Although this matter comes to this Court in the year 2022, the process of digital migration can be traced back to the year 2006; and, in the specific case of South Africa, to 2007. South Africa resumed its membership of the International Telecommunication Union (ITU) in 1994.9 In 2006, the ITU held its Regional Radio Communication Conference. Soon after this Conference, the government of South Africa began to formulate what would become its first Broadcasting Digital Migration Policy 3 First respondent in CCT 89/22 and second respondent in CCT 92/22. 4 Second respondent in CCT 89/22 and third respondent in CCT 92/22. 5 Third respondent in CCT 89/22 and fourth respondent in CCT 92/22. 6 Sixth respondent in CCT 89/22 and seventh respondent in CCT 92/22. 7 Twelfth respondent in CCT 89/22 and thirteenth respondent in CCT 92/22. 8 13 of 2000. 9 South Africa became a member of the ITU in 1910. However, in 1965 South Africa was excluded from all meetings due to the continued implementation of its apartheid policies. Upon the abolition of apartheid, South Africa once again became an active member of the ITU in 1994. 6

Select target paragraph3