Great victory for access to information and freedom of expression! 

Today, 27 March 2025, the Pretoria High Court handed down judgement in the Analogue Switch-Off (ASO) case. ETV, together with MMA and SOS had approached the High Court to delay the Switch-Off set to take place on 31 March 2025. Had the Switch-Off gone ahead, not only would community broadcasters, ETV and the SABC faced an extinction level crisis, but millions of the most vulnerable people living in South Africa would’ve been denied their constitutional and human right to access and receive news and information. The judgment handed down is a significant victory.

In a scathing judgment, the court highlighted several grounds on which the final order was granted. These included the decision to set the ASO date was taken by the wrong entity (i.e. cabinet, and not the minister) which the court found to be unlawful (paragraphs 30 – 33). The court also found that the Minister had failed in their constitutional obligation to consult with all relevant stakeholders. This was particularly relevant for MMA and SOS as both organisations had been excluded from the consultation process.

“Upon enquiry by the Court, Counsel for the Minister conceded that the above consultation requirements where not complied with by the Minister. The country and the stakeholders (including the applicants) were presented with a fait accompli”.

The judgment went on further to note that: “The Minister’s stance is bad in law in that in terms of the e.tv judgment which requires consultation regarding the actual date of the ASO”. This may partly explain why a cost order has been awarded against the minster.

The court found that the setting of the ASO date was irrational.

Regarding the consequences, the court found, in paragraph 59 “The Minister chooses to turn a blind eye to the following fact which expose the State’s inactivity during the period 2023-2024 (contained in his answering affidavit). Only 45 450 STBs were installed between August 2023 to October 2024; Between August and December 2024, The Department only installed 15 740 STB’s (about 300 per month); Even though The State knew that in August 2023 well over 400 000 households required STB’s (1280 000 people) before 31 December 2024, it installed only 61 000 STBs in a period of 18 months.”

The Minister’s actions are even more egregious given that the Minster has repeatedly promised indigent households that ASO would not sever access to television access (paragraph 63).

“It is not a matter for speculation that the public will suffer severe consequences and even the Minister admits in his answering affidavit that if the analogue transmitters cease operating, the “whole republic” will suffer prejudice”. Paragraph 67.

We therefor welcome, unequivocally, and applaud the courts unambiguous commitment to safeguarding and upholding fundamental rights when it noted in paragraph 68.

“The harm is not just a temporary inconvenience. Each day without access to news, public service announcements and educational programing results in irreversible loss of knowledge, awareness and democratic participation”.

Today we celebrate a victory not only of a rights focused judgment, but also celebrate how the court was able to highlight the importance of the ASO decision. Had it been allowed to go ahead; the rights of millions of people would have been grossly violated.

Full judgement available here:

For more information, contact:

William Bird (MMA)

+27828871370

Uyanda Siyotula (SOS)

+2760691246