Go Back   Eurocardsharing > General Discussions > General Satellite News > Latest Satellite News

Latest Satellite News Discussion, South Africa STB decision unlawful at General Satellite News forum; South Africa STB decision unlawful, a South African free-to-air broadcaster, has issued a writ against the countrys minister of ...

LinkBack Thread Tools Display Modes
South Africa STB decision unlawful
Bacteria's Avatar
Posts: 96,016

Level: 124 [♥ Bé-Yêu ♥♥ Bé-Yêu ♥♥ Bé-Yêu ♥♥ Bé-Yêu ♥♥ Bé-Yêu ♥]
Life: 4638 / 4638
Magic: 32005 / 90545
Experience: 68%

Thanks: 1,107
Thanked 5,577 Times in 1,419 Posts
Join Date: Oct 2006
Age: 35
South Africa STB decision unlawful - 20-September-2012, 16:40

South Africa STB decision unlawful, a South African free-to-air broadcaster, has issued a writ against the countrys minister of communications, Mrs Dina Pule, arguing that the ministers decision to award a set-top box control system contract for DTT reception is unlawful, procedurally unfair, irrational and unreasonable.

The contract was awarded in May to the nations signal distribution company, Sentech. The STB control system covers conditional access, and also ensures that so-called grey imports of unauthorised DTT boxes do not flood the country. Unauthorised STBs can also be de-activated in the event of theft.

Screen Africa reports that attorneys, Rosin Wright Rosengarten, first contacted Minister Pule soon after her decision on 10 May 2012 to instruct Sentech to assume responsibility for the control system, requesting that she provide the legal grounds for the instruction. No grounds have been given to date, says CEO Bronwyn Keene-Young, in his 100-page affidavit against the Minister maintains that and the South African Broadcasting Corporation (SABC) are responsible for the STB control for FTA DTT. Mr Keene-Young states that the Ministers decision suffers from a series of fatal flaws firstly that the Minister has no power to direct that Sentech will be responsible for managing the system.

Secondly, the Ministers decision violated the Electronic Communications Act 36 of 2005, the Digital Migration Regulations and section 192 of the Constitution in that it interferes with the manner in which broadcasters engage in their statutory right to broadcast. Thirdly, the decision was made without any opportunity for or the SABC to make representations to the Minister.

The affidavit continues: This was despite the fact that the Minister had requested the SABC and to be responsible for managing the STB control system and had communicated this publicly and the fact that the Minister was aware that this process was already ongoing. Fourthly the Minister has consistently failed to explain the legal basis and reasons for her decision. This is despite repeated requests by in this regard.
Included in the affidavit is a letter dated March 3rd 2011 from the director general of the Department of Communications to the SABC. It reads: The Department of Communications remains supportive of the concept of STB control and hereby requests SABC working in cooperation with other affected FTA broadcasters, to commence a process to select a suitable STB control vendor.

As Keene-Young explains in the affidavit, the reference to a suitable STB control vendor refers to the company that would, on a commercial basis, supply the software system to be used for STB control, including the software used for encoding and decoding the signal. She notes that the SABC and reached agreements regarding their joint management of STB control initially in 2008. viewpoint is that the STB control system issue needs to be resolved before the tender is awarded and manufacturing commences.

South Africas initial DTT transmissions are due to start later this month.

Reply With Quote


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Forum Jump

ECS on RSS ECS on Twitter ECS on Facebook ECS on Youtube
Follow us on:

Powered by vBulletin
Copyright 2002 - 2010, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.