[1]          This matter concerns the process of television migration from analogue signal to digital signal.  Before 1976, South Africans relied on the radio network for information, news and entertainment as there was no television broadcasting.  This situation changed in 1976 with the introduction of television broadcasting, which was accessed through analogue television sets.  The broadcasting signal in an analogue television set is received directly from an aerial or antenna and transmits through analogue signal.  With the advent of technology, digital technologies were introduced in various aspects and areas of communication, including radio and television broadcasting.

[2]          Digital migration is the process through which the broadcasting of television and radio is converted from analogue to digital technologies and frequency signals.  Both frequency signals are found on the electromagnetic spectrum (spectrum) that is used to transmit electronic communications and broadcasting.  However, analogue technologies are only able to receive and communicate analogue signals, while digital technologies receive and communicate only digital signals.  As a result, analogue television sets are unable to display information as received from digital frequencies without a device capable of converting digital transmissions to analogue transmissions.  While the country migrates from analogue to digital frequencies, there is a “dual illumination” period.  During this time, both analogue and digital transmissions are used; and continue until such a time when the analogue transmission is completely switched off, and the digital transmission is completely switched on.[1]

[3]          On 4 April 2022, two urgent applications for leave to appeal directly to this Court against a judgment and order of the High Court of South Africa, Gauteng Division, Pretoria (High Court) were lodged.[2]  As both concerned the same subject matter, they were consolidated and heard together.  The applications concern the applicants’ dissatisfaction with an order of the High Court that permits the Minister of Communications and Digital Technologies (Minister) to complete the digital migration process – moving from analogue to digital broadcasting – on 30 June 2022.  The analogue switch-off was initially scheduled by the Minister for 31 March 2022, but that date was changed by the order of the High Court to 30 June 2022.