News / National
Econet may face contempt of court charges
28 Aug 2012 at 02:59hrs | Views
ECONET may face contempt of court charges for terminating interconnection services to NetOne while the High Court was in session to deter­mine the matter yesterday.
Justice Ben Hlatshwayo said he would revisit the matter to determine whether or not Econet was being con­temptuous of the court.
He made the remarks after learning that Econet had disconnected NetOne while he was about to hear the matter.
Justice Hlatshwayo said he did not know why it was necessary for Econet to disconnect NetOne.
"Simply disconnecting members of the public without warning is irre­sponsible. Members of the public are busy carrying out their duties then they are suddenly disconnected."
NetOne managing director Mr Reward Kangai and lawyer Advocate Ray Goba, who is being instructed by Mr Collin Kuhuni, also learnt of the developments in court.
Econet lawyer Advocate Firoz Girach, who is being instructed by lawyers Mtetwa and Nyambirai, sub­mitted that his client disconnected NetOne at 10am yesterday.
He said Econet's customers were forewarned through messages over the weekend.
Adv Girach said the matter was on whether or not Econet had a legal right to disconnect NetOne over a US$19 million debt.
But Justice Hlatshwayo said the dis­connection should have been stalled for the court hearing to proceed.
"Out of the respect of this court, the disconnection should not have been done. We should be sitting here know­ing the public is connected," said Jus­tice Hlatshwayo.
He said Econet should have stuck to the position it made on Thursday last week in which it agreed to reconnect NetOne pending the finalisation of the matter.
Justice Hlatshwayo said ideally, reconnection should not be ordered by the court, but Econet should exer­cise corporate responsibility.
The two parties made a draft con­sent order in which Econet agreed to recon­nect NetOne.
They also agreed that with effect from September 1, they would carry on business in terms of the 2004 agree­ment and conditions set by the Postal and Telecommunications Regu­latory Authority of Zimbabwe.
They also agreed that neither party's right to enforce any previous agree­ments would be affected or com­promised by any provisions of the order.
Econet will file its heads of argument within seven days and the court will set a date for the hearing.
Adv Girach complained that NetOne had not approached his clients to make a proposal as the matter revolved around payment of debt.
"They want to utilise services without pay­ment, they have talked about everything else except the issue of payment," he said.
"TelOne is in the same position, but they have come up with a payment plan."
Adv Girach said although NetOne acknowl­edged its indebtess, it did not want to negotiate a payment plan.
"If you want to engage in commerce you must pay for what you get," he said.
"Tell us how you are going to pay, it is not a bul­lying tactic to say pay me my money."
But Adv Goba said disconnecting NetOne typi­fies the arrogance of Econet.
"Their behaviour typifies that of a bull in a China shop," he said.
Adv Goba said Econet's behaviour was abusive.
He said Econet's behaviour was reckless and inconsistent with its corporate responsibility.
Econet says NetOne owes US$19 246 322 06, while NetOne disputes the figure.
Justice Ben Hlatshwayo said he would revisit the matter to determine whether or not Econet was being con­temptuous of the court.
He made the remarks after learning that Econet had disconnected NetOne while he was about to hear the matter.
Justice Hlatshwayo said he did not know why it was necessary for Econet to disconnect NetOne.
"Simply disconnecting members of the public without warning is irre­sponsible. Members of the public are busy carrying out their duties then they are suddenly disconnected."
NetOne managing director Mr Reward Kangai and lawyer Advocate Ray Goba, who is being instructed by Mr Collin Kuhuni, also learnt of the developments in court.
Econet lawyer Advocate Firoz Girach, who is being instructed by lawyers Mtetwa and Nyambirai, sub­mitted that his client disconnected NetOne at 10am yesterday.
He said Econet's customers were forewarned through messages over the weekend.
Adv Girach said the matter was on whether or not Econet had a legal right to disconnect NetOne over a US$19 million debt.
But Justice Hlatshwayo said the dis­connection should have been stalled for the court hearing to proceed.
"Out of the respect of this court, the disconnection should not have been done. We should be sitting here know­ing the public is connected," said Jus­tice Hlatshwayo.
He said Econet should have stuck to the position it made on Thursday last week in which it agreed to reconnect NetOne pending the finalisation of the matter.
Justice Hlatshwayo said ideally, reconnection should not be ordered by the court, but Econet should exer­cise corporate responsibility.
The two parties made a draft con­sent order in which Econet agreed to recon­nect NetOne.
They also agreed that neither party's right to enforce any previous agree­ments would be affected or com­promised by any provisions of the order.
Econet will file its heads of argument within seven days and the court will set a date for the hearing.
Adv Girach complained that NetOne had not approached his clients to make a proposal as the matter revolved around payment of debt.
"They want to utilise services without pay­ment, they have talked about everything else except the issue of payment," he said.
"TelOne is in the same position, but they have come up with a payment plan."
Adv Girach said although NetOne acknowl­edged its indebtess, it did not want to negotiate a payment plan.
"If you want to engage in commerce you must pay for what you get," he said.
"Tell us how you are going to pay, it is not a bul­lying tactic to say pay me my money."
But Adv Goba said disconnecting NetOne typi­fies the arrogance of Econet.
"Their behaviour typifies that of a bull in a China shop," he said.
Adv Goba said Econet's behaviour was abusive.
He said Econet's behaviour was reckless and inconsistent with its corporate responsibility.
Econet says NetOne owes US$19 246 322 06, while NetOne disputes the figure.
Source - TH
