Policy decision by Faith Muthambi ‘not reviewable’
Court avenue closes on Communications Minister Faith Muthambi’s 2015 set-top encryption policy decision
The policy decision made by Communications Minister Faith Muthambi in 2015 on the encryption capability of government-supplied set-top boxes for digital migration is not reviewable by a court. This submission was made by Muthambi’s counsel Wim Trengove SC before the Constitutional Court on Tuesday. Broadcaster e.tv needs these set-top boxes to have the capability to decipher the encrypted signals so that it can compete with pay-TV broadcasters in getting premium high-definition content. If the set-top boxes do not have the ability to decipher encrypted broadcast signals‚ e.tv will be unable to purchase content from overseas suppliers‚ which sell encrypted content. Steven Budlender SC, representing e.tv‚ said the broadcaster had always maintained its support for encryption. Muthambi’s counsel‚ together with those of the SABC and Electronic Media Network‚ was in court seeking to set aside the Supreme Court of Appeal’s judgment last year. That judgment set aside Muthambi’s amendment of...