Tasleem Gierdien17 May 2024 | 7:47

Not paying TV licence? You can go to jail! 'Absurd' but true - Free Market Foundation

Criminalising TV licence non-payment, with penalties of up to six months in prison, is 'absurd', says Zakhele Mthembu of the Free Market Foundation.

Not paying TV licence? You can go to jail! 'Absurd' but true - Free Market Foundation

Picture: Zaian via Wikimedia Commons

Africa Melane speaks to Zakhele Mthembu, a Policy Officer at the Free Market Foundation, about why the criminalisation of TV licence non-payment is not the answer.

South Africans are required by law, through section 27 of the Broadcasting Act No.4 of 1999, to pay for a TV license; making it legal to use/possess your television set at home. Non-payment will result in a fine not exceeding R500, imprisonment not exceeding six months, or both a fine and imprisonment. 

A TV licence costs R265 per year. Forgetting to renew your TV licence means a penalty of 10% per month to a maximum of 100% per year.

 Mthembu says criminalising TV licence non-payment is 'absurd'.

"You could possibly face six months in prison for not paying your TV license - the absurdity becomes clear. I'm very passionate about law and it's why I studied it at school because the law is what regulates human conduct and keeps us from hurting each other... so what this TV license law is... is a perversion of law because law, ideally, is supposed to protect people who harm the interest of others... but when you have actions that don't hurt anyone like not paying the SABC... that hurts no one, yet is a crime."
- Zakhele Mthembu, Policy Officer - Free Market Foundation
"It also creates a situation where we see the absurdity of this. We don't respect the law, leading to a general disregard of the law."
- Zakhele Mthembu, Policy Officer - Free Market Foundation

Mthembu also argues that criminalising TV licence non-payment is 'wrong.'

Mthembu explains that TV licences were historically meant to fund the SABC's transmission signals. However, since analogue systems have been turned off and transferred to digital systems, 'There is no need for it and there are multiple problems with this.'

"...the SABC runs a business, that's why it needs funding and that's why it should go and secure its funding like every other business in South Africa."
- Zakhele Mthembu, Policy Officer - Free Market Foundation

Mthembu has written an article expressing his views; read it here.

Scroll up to the audio player to listen to the full conversation.