biometrics
Well-Known Member
- Joined
- Oct 17, 2019
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What is your involvement?
ICASA handed a well deserved slap in court
- Thread starter Paul Hjul
- Start date
16th respondent ... - mentioned above
Letter from Telkom's attorney's and notice of withdrawal received - all after the court has sent out the links for kicking off with argument on Monday. I anticipate that there will be some discussions over the weekend of what to make of it but the poor judge is sitting with a massive mess.
Letter from Telkom's attorney's and notice of withdrawal received - all after the court has sent out the links for kicking off with argument on Monday. I anticipate that there will be some discussions over the weekend of what to make of it but the poor judge is sitting with a massive mess.
A proper update is coming, just need to take a day or so down and then post something.
Had an unpleasant and awkward (but medium to long term good to be honest) day in court this morning.
From the press reports Telkom and ICASA have cut a backroom deal to withdraw this application in exchange for something or another about the 800Mhz spectrum which would have to include dropping off the global caps. MTN have reserved their rights to challenge that deal but consented to the withdrawal.
Vodacom and Rain (and the Minister) were salivating to see the withdrawal and we happy to go on each party carrying their costs.
I refused consent to withdraw. Had a terse but not unduly so exchange with the judge. Matter stood down.
I am quite happy to say that either the judge got it wrong or the law is an ass.
I'll have to go into quite a bit of weeds as to why I felt it improper to consent and improper to argue in objection to the court permitting Telkom to withdraw but the long and short of it is that there is evidence proving unlawfulness by ICASA to the prejudice of the general public that is not declared and set aside because the commercial interests involved in the matter have decided to allow an unlawfulness as part of a bargaining process.
Again it is necessary to go into weeds but the MNOs have set themselves up for a lot more contorted fights amongst themselves.
Had an unpleasant and awkward (but medium to long term good to be honest) day in court this morning.
From the press reports Telkom and ICASA have cut a backroom deal to withdraw this application in exchange for something or another about the 800Mhz spectrum which would have to include dropping off the global caps. MTN have reserved their rights to challenge that deal but consented to the withdrawal.
Vodacom and Rain (and the Minister) were salivating to see the withdrawal and we happy to go on each party carrying their costs.
I refused consent to withdraw. Had a terse but not unduly so exchange with the judge. Matter stood down.
I am quite happy to say that either the judge got it wrong or the law is an ass.
I'll have to go into quite a bit of weeds as to why I felt it improper to consent and improper to argue in objection to the court permitting Telkom to withdraw but the long and short of it is that there is evidence proving unlawfulness by ICASA to the prejudice of the general public that is not declared and set aside because the commercial interests involved in the matter have decided to allow an unlawfulness as part of a bargaining process.
Again it is necessary to go into weeds but the MNOs have set themselves up for a lot more contorted fights amongst themselves.