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The Department of Communications wishes to place it on record that the ANC NGC never discussed a possible reversal of the Broadcasting Digital Migration Policy as reported in the Business Day and Business Report on Monday, 12 October 2015. The matter of encryption was also not discussed in the Commission and Plenary Sessions of the National General Council when the report of the Commission was adopted.

The Minister, the Deputy Minister, the DG of the Department of Communications and the DG of GCIS were part of these sessions; the issues raised by in these two publications were never discussed. Instead it was unanimously agreed that the Broadcasting Digital Migration Policy should be implemented without delay to create a new broadcasting landscape that will increase the role of Free to Air television to meet the needs and aspirations of all South Africans.

The Policy went through the proper process as prescribed by   Cabinet. The draft Broadcasting Digital Migration Policy went for public comments as far back as 2013. It was never a secret document; it was always available as a public document until it was finally approved by Cabinet on 4 March 2015. It is unfortunate that certain individuals are now determined to try and find fault with the policy that was approved by government.

The ANC's communications sub-committee chair Jackson Mthembu was quoted in both Business Day and Business Report as saying that “Ms Muthambi had failed to consult the ANC on her policy.”  This is patently untrue. The truth is that we have consulted with the relevant  stakeholders and the policy directive went through proper channels   before it was gazetted.  It is imperative for the sub-committee chair Jackson Mthembu to clarify that when he spoke to these two publications, he was expressing his own personal views.

It is also worth noting that in June this year the North Gauteng High Court dismissed e.tv's application to review aspects of Government's Broadcasting Digital Migration Policy. E.tv was arguing that government should subsidise the set-top boxes and also ensure that they have the capability to support encryption.  In delivering the judgment North Gauteng High Court said the nonecryption policy directive was in the best interests of the public, and therefore exonerated the Department of Communications.

Minister Muthambi and her team remain highly committed to ensuring that the SA Broadcasting Corporation (SABC) is stable, successful and able to meet its social mandate. We fully endorse the resolution of the NGC to address governance challenges facing the broadcaster and this is going to be our priority.

Lastly, the issue of the SABC/Multichoice content is before the Competition Tribunal. We should therefore wait for the finalisation of the process before making any further comments, save to say that this deal has been signed in July 2013, which we believe was done in terms of prevailing statutes which govern the operations of the SABC.

Issued by GCIS on behalf of the Ministry of Communications