Business / Companies
Victory for Telecel Zimbabwe at the High Court
07 May 2015 at 15:18hrs | Views
The High Court of Zimbabwe has granted Telecel Zimbabwe an interdict preventing the industry regulator, POTRAZ, from executing the cancellation of its operating licence pending an appeal to the Minister of ICT.
Effectively Potraz would suspend the 30 day licence period until the application is finalised.
High Court Judge Nicholas Mathonsi ruled that the matter was urgent and POTRAZ had acted overzealous without due regard to the rights of the stakeholders in this matter.
"It has in fact issued a regulatory order which ignores the rights of the applicant's appeal to the minister to provide the court's concession according to Section 1 of the act.
"Meanwhile I have granted a provisional order and hearing date set at May 13," he said.
Telecel Zimbabwe approached the High Court of Zimbabwe yesterday seeking the prohibitory order.
Gerald Mlotshwa from Titan Law firm representing Telecel argued that the matter was urgent and should be heard before May 28.
Mlotshwa said the appeal had to succeed because over 700 hundred families would be affected as a result of the shutdown.
He said the Company's rights to protection in property and to protection of business were infringed pending a determination by the minister.
This is Telecel's first official appeal in the ongoing issue surrounding the cancellation of its licence.
Under the Postal and Telecommunications Act, the company can appeal to the minister within 30 days of the cancellation of the licence and can also approach domestic courts if not satisfied with the outcome of that appeal.
On Monday, appearing before an ICT parliamentary committee, Mandiwanzira said Telecel could avoid closure by moving to address the government's concerns.
Telecel last week issued a statement saying the cancellation of its operating licence was unfair and unwarranted.
More to follow.....
Effectively Potraz would suspend the 30 day licence period until the application is finalised.
High Court Judge Nicholas Mathonsi ruled that the matter was urgent and POTRAZ had acted overzealous without due regard to the rights of the stakeholders in this matter.
"It has in fact issued a regulatory order which ignores the rights of the applicant's appeal to the minister to provide the court's concession according to Section 1 of the act.
"Meanwhile I have granted a provisional order and hearing date set at May 13," he said.
Telecel Zimbabwe approached the High Court of Zimbabwe yesterday seeking the prohibitory order.
Gerald Mlotshwa from Titan Law firm representing Telecel argued that the matter was urgent and should be heard before May 28.
Mlotshwa said the appeal had to succeed because over 700 hundred families would be affected as a result of the shutdown.
He said the Company's rights to protection in property and to protection of business were infringed pending a determination by the minister.
Under the Postal and Telecommunications Act, the company can appeal to the minister within 30 days of the cancellation of the licence and can also approach domestic courts if not satisfied with the outcome of that appeal.
On Monday, appearing before an ICT parliamentary committee, Mandiwanzira said Telecel could avoid closure by moving to address the government's concerns.
Telecel last week issued a statement saying the cancellation of its operating licence was unfair and unwarranted.
More to follow.....
Source - Byo24News
