Authorized representatives from South Africa’s largest cell operators, together with Vodacom, MTN, Cell C and Liquid Clever Applied sciences, in addition to communications regulator Icasa, are dealing with off within the excessive courtroom on Thursday as the primary a part of a controversial spectrum pooling case kicks off.
Vodacom South Africa final yr filed papers towards MTN South Africa, Cell C, Liquid and Icasa claiming the regulator had illegally and secretly authorised spectrum pooling preparations between MTN and Cell C, in addition to between MTN and Liquid. These agreements, Vodacom has claimed, led to MTN’s superior efficiency in community velocity and high quality exams and put it at an unfair drawback.
“What’s at problem on this software is the approval by the primary respondent (Icasa) of the ‘pooling’ of high-demand spectrum between MTN, Cell C and Liquid, in secret, in a fashion opposite to the necessities of the Digital Communications Act, and illegal in different respects,” mentioned Andrew Barendse, managing government for regulatory affairs at Vodacom South Africa, in a founding affidavit.
The trial has been damaged up into two components: within the first, which is being heard on Thursday and Friday, Vodacom is searching for an interdict from the courtroom instructing MTN, Cell C and Liquid to stop making use of their spectrum pooling preparations till the second a part of the matter has been determined. Within the second half – the trial date for which is but to be set – the courtroom might be requested to decide on the legality of the agreements.
In response to Barendse’s affidavit, Vodacom turned suspicious of MTN’s benefit in community speed-test outcomes after an evaluation of a number of unbiased exams – together with by Ookla, the proprietor of speedtest.internet – led it to research its rival’s use of spectrum.
The “solely believable rationalization”, given the 2 corporations have related website allocations and radio entry community gear, has to lie in spectrum utilisation, Barendse mentioned.
Backlog
In figuring out whether or not to grant an interdict or not, the courtroom will contemplate whether or not the applicant has a transparent authorized proper; the hurt to the applicant; the steadiness of conveniences (a take a look at to find out if the advantage of granting the injunction to the applicant is not going to trigger irreparable hurt to any of the responding events); and whether or not another treatment to the granting the interdict exists, and if that’s the case, whether it is doable to implement.
Learn: Vodacom drags Icasa to courtroom over ‘secret’ spectrum offers
Given an enormous backlog on the excessive courtroom in Pretoria, it’s unclear how lengthy it is going to take for the courtroom to pronounce on the interdict software, though it’s being heard on an pressing foundation. – © 2025 NewsCentral Media
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