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Johannesburg - Communications Minister Ivy Matesepe-Casaburri is taking the sector regulator Icasa and its chairperson Paris Mashile to court to stop it from issuing Altech with a licence to build its own telecommunications network.
On Friday, the minister launched an urgent interdict to stop Icasa from carrying out the instructions contained in the 29 August 29 judgment that gave Altech and other value-added network service providers (Vans) the right to self-provide their own networks, pending the outcome of her appeal.
Altech has demanded that Icasa issue it with its individual electronic communications network services licences (I-ECNS) licence, in terms of the judgment.
The regulator had imposed a moratorium on the licence conversion process, pending the finalisation of issues around application and license fees for the new categories of licences under the Electronic Communications Act (ECA).
It lifted this last week, however, enabling it to move forward with the licence conversion process.
Not complying with the judgment would place Icasa in contempt of court, given that it had decided not to appeal the judgment, unless there is a court order directing it not to.
The minister said Icasa was aware that its decision not to appeal would have a negative impact on her decision to appeal.
But, she acknowledged in the latest court papers that Icasa was "an independent body and I am obliged in law to respect Icasa's decisions even if I do not agree with them. In those circumstances, I had no other alternative but to institute these proceedings".
In terms of the minister's understanding of the licence conversion process, Vans are only entitled to individual electronic communications services licences (I-ECS). This class of licence doesn't allow them to build their own networks, but only to provide services off the back of those facilities of the licensed network operators.
Appeal 'academic'
But the judge's verdict turned this on its head, giving the Vans the right to receive I-ECNS licences - effectively giving them similar rights to Telkom, Neotel and the mobile operators - as well.
The minister has filed her intention to appeal the judgment, but it is not yet known whether the appeal will be allowed.
Altech CEO Craig Venter has said previously that the company would oppose the minister's appeal and if necessary it - and the industry - would proceed with a class action suit against her "unconstitutional" attempt to change the ECA.
Now, the minister says that if Altech's I-ECNS were licence granted, it would make her appeal "academic". If the licence was issued and the appeal later upheld, "what I fear is that Altech may have unnecessarily expended large amounts of money on the roll-out of its electronic communications network", she said in the latest court papers.
Altech has not yet decided whether to go ahead and build its own country-wide network, but believes it should have the right to do so.
The minister also said issuing Altech and other Vans with I-ECNS licences would devalue the licences of the network licensees, such as Cell-C, Telkom, MTN, Vodacom and Neotel, and pointed out that while a Vans licence cost about R6 000, the SNO (Neotel) had paid R100m for its license.
Icasa has until this morning to file its intention to oppose the minister's interdict, if it chooses to do so.
The minister hopes to bring the matter before the court on Tuesday October 28.
- Fin24.com
