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Econet, Telecel case: New regulation suspended
Fidelis Munyoro, The Herald (Zimbabwe)
November 07, 2006

http://www1.herald.co.zw/inside.aspx?sectid=11094&cat=1&livedate=11/7/2006

THE High Court has suspended the statutory instrument introduced by the Government last week to stop the operation of independent gateways for incoming and outgoing international telephone traffic pending the outcome of a Supreme Court constitutional challenge by two private mobile service providers.

The mobile service providers — Econet Wireless and Telecel — are challenging the constitutionality of the Government’s recently introduced statutory instrument to stop the multi-gateway system, which allows many avenues for both incoming and outgoing international traffic, meant to ensure accountability by private operators in the industry.

Judge President Rita Makarau suspended the regulation to allow the Supreme Court — sitting as a constitutional court — to hear the two mobile operators’ case.

The Government and the two companies yesterday agreed that Econet should file its constitutional challenge of the regulation within 14 days, while the Postal and Telecommunications Regulatory Authority of Zimbabwe, Ministry of Transport and Communications and fixed network operator TelOne — listed as respondents — should also file their opposing papers within the time limits in terms of the law.

Justice Makarau also directed that the applications by Econet and Telecel should be consolidated and heard at the same time by the same judge.

Econet led the way last week when it petitioned the High Court to block Government’s move to seek control of the gateway system, before Telecel made a similar application.

The suspended regulation was due to come into effect on Wednesday last week.

Telecel managing director Mr Rex Chibesa, in his affidavit filed with the High Court, contends that the regulation was invalid because it contravenes the parent Act.

He said the fixing of the rates fell outside the scope and power of the minister as contemplated and provided by the Postal and Telecommunications Act.

But Potraz, which is being represented by Mr James Muzangaza of Muzangaza, Mandaza and Tomana, and the Ministry of Transport and Communications, represented by Mrs Mukuruva of the Civil Division in the Attorney General’s Office, are opposing the applications.

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