Vodacom South Africa has been dealt a blow in its spectrum pooling court docket battle in opposition to a litany of respondents, together with its rivals MTN and Cell C, Liquid Clever Applied sciences, and communications regulator Icasa.
The excessive court docket in Pretoria has dismissed Vodacom’s software for an pressing interdict that, if profitable, would have seen spectrum pooling preparations between MTN and Cell C, in addition to MTN and Liquid, ordered dismantled by the court docket pending the end result of the upcoming second a part of the court docket case, which can give attention to the legality of the association correct.
Vodacom, in its authentic submitting to the court docket, alleged that these pooling preparations had been secretly and illegally accepted by Icasa and have led to its rivals, particularly MTN, experiencing superior outcomes in impartial community high quality assessments.
“The applying for interim interdictory aid when it comes to half A of the discover of movement is dismissed with prices, such prices to incorporate the prices of two counsel,” Decide Etienne Labuschagne stated within the ruling.
In accordance with the judgment, Vodacom was profitable in convincing the court docket that it had a transparent proper to hunt aid by way of an interdict within the matter as a result of “there may be clear unlawfulness in respect of the approval course of and the usage of guard bands”, Labuschagne stated.
Guard bands are slivers of spectrum between blocks assigned to totally different licensees which might be stored empty to assist minimise interference. Icasa is alleged to have illegally accepted the usage of guard bands within the pooling preparations between MTN, Cell C and Liquid.
‘Overriding discretion’
The court docket was additional happy that Vodacom had – and continues to – endure hurt on account of these pooling preparations, additionally conceding that no different treatment, apart from their suspension, was ample.
Even so, the court docket selected to train its “overriding discretion” and never grant Vodacom’s software for an pressing interdict and stated: “The overriding consequence of the pooling of spectrum is the development of quick and dependable digital communications.”
Learn: Vodacom drags Icasa to court docket over ‘secret’ spectrum offers
In accordance with the decide, this has “improved entry for tens of millions of members of the general public to data for commerce functions, training” and extra. “To deprive the general public of such profit is not any small matter. They’d be prejudiced,” he stated.
He additionally cited the investments made by MTN and Cell C of their networks subsequent to the approval of pooling preparations by Icasa as an element within the court docket’s determination to train its discretion within the matter. He stated these investments had been made based mostly on the approval being granted and that neither operator had acted with the intention to deceive in making use of for them.
Icasa, however, was discovered to have slacked in its obligation to have interaction in a strategy of public participation previous to the approval of the pooling preparations. The court docket additionally discovered Icasa’s competitors evaluation to be insufficient as Vodacom’s perspective on the matter was by no means considered.
Nonetheless, Labuschagne additionally acknowledged that the chance for Vodacom to use for comparable pooling agreements was at all times open to the cellular operator and topic to the identical approval processes Icasa utilized to the agreements between MTN, Liquid and Cell C.
Learn: MTN remains to be king of velocity – however Vodacom’s 5G is quicker
“The cumulative impact of the aforesaid issues is that, regardless of the applicant establishing the weather required for an interim interdict, the court docket, within the train of its general discretion, declines to grant the interim aid,” stated Decide Labuschagne. – © 2025 NewsCentral Media
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