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High Court suspends new Telecoms restrictions
Media Institute of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
February 04, 2004

The High Court on 3 February 2004, declared null and void government’s efforts to reintroduce new regulations governing access to the international telecommunications gateway.

The new regulations, which gave a government owned fixed telephone operator company, TelOne, the sole right to operate a gateway to all incoming and outgoing international communications services in the country. This move was immediately challenged by wireless phone operator, Econet Wireless Zimbabwe, which argued that the regulations recreated a monopoly in the industry, which the Supreme Court declared unconstitutional in 1998.

High Court Judge, Yunus Omerjee ruled in favour of Econet Wireless. Dismissing the new provisions, Justice Omerjee stated that the regulations would effectively infringe on Econet’s licence, which gives the firm the right to control and operate a limited facility for the transmission and receipt of international cellular originating and terminating from Econet’s network.

Justice Omerjee declared the provisions of the Postal Telecommunications (International Telecommunications Services) Regulations S.I. 18/04 null and void and of no effect to the applicant (Econet) in so far and to the extent that they purport to amend the applicant’s licence.

He said costs of the matter should be paid by the Ministry of Transport and Communications which "on the concession by council caused promulgation of the statutory instrument." The Minister of Transport and Communications and the Post and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) were cited as the respondents in the matter.

Background
Check MISA-Zimbabwe Alert of 3 February 2004

Visit the MISA-Zimbabwe fact sheet

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