Free-to-air broadcaster e.tv had brought the case to the apex court after the High Court in March dismissed its bid to scrap the government's end of March deadline for the country's migration from analogue to digital television signal.

The court dismissed the broadcaster's case but extended the migration deadline to 30 June. The extension did not appease the company, which then went ahead and appealed the decision. 

E.tv had argued the March deadline would it will cut off millions of poor households who do not yet have access to set-top boxes, which are distributed by the government to help poor households without smart televisions to receive digital TV signals. The company is of the view that the switch-off would impact its viewers.

The Constitutional Court ruled that Minister Khumbudzo Ntshavheni must consult properly on the determination of the analogue switch-off date with all stakeholders.

"Although it is reasonably conceivable that e.tv has a commercial interest in this matter, the nature of this litigation is constitutional, which is for the benefit of millions of indigent persons in South Africa," the court ruled.

It set aside the order of the high court and replaced it with the ruling that the 31 March 2022 date of the final switch-off date of the analogue signal and the end of dual illumination issued by the minister of communications and digital technologies, on 28 February 2022, in terms of the broadcasting digital migration policy was "unconstitutional, invalid and is set aside."

The court stated that it was not procedurally rational for the minister to set the analogue switch-off date without notice to the industry and affected parties, like the Media Monitoring Africa (MMA) and SOS Support Public Broadcasting, to obtain their views on the matter.

"The minister's decision not to give notice and take account of the representations received regarding the analogue switch off date with the public or affected parties is unlawful."

Ntshavheni had opposed the e.tv case in the name of "national interest".

The court further stated that it was deemed necessary to consider the registration process for set-top boxes as well and their supply to qualifying households ahead of the analogue switch-off date.

Last week, Ntshavheni said four provinces were yet to be migrated from analogue to digital terrestrial television ahead of the court-imposed deadline of 30 June. She stated that government was awaiting the Constitutional Court's decision before proceeding with the migration of the provinces of Gauteng, Western Cape, KwaZulu-Natal, and Eastern Cape.

The department did not immediately respond to questions about how the latest ruling will impact the Thursday deadline for national migration.

The provinces that have been migrated are the Free State, North West, Limpopo, Northern Cape and Mpumalanga.

Get the biggest business stories emailed to you every weekday.

Go to the Fin24 front page.

Receive Fin24 writer-at-large Carol Paton's articles about the political economy, state-owned enterprises and energy sector.