Muthambi challenges ruling on digital broadcasting migration policy decision
Communications Minister Faith Muthambi’s 2015 policy decision on the encryption capability of government-supplied set top boxes for digital migration is not reviewable by a court. This was the submission by her counsel, Wim Trengove SC, to the Constitutional Court on Tuesday. Muthambi’s counsel and those of the SABC and Electronic Media Network were appealing against the Supreme Court of Appeal ruling last year to set aside Muthambi’s 2015 amendment of the digital broadcasting migration policy. In that amendment‚ Muthambi stated that the set top box control system shall not have encryption capabilities. This meant any broadcaster that wanted to broadcast encrypted signals should bear the costs of supplying five million boxes at its cost. The appeal court agreed with e.tv‚ which took issue with this policy, and said Muthambi’s amendment was irrational and in breach of the principle of legality as there was no process of consultation. Trengove said Muthambi’s policy amendments were ma...
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