The high court in Johannesburg ruled on Thursday afternoon, June 7, that the Independent Communications Authority of South Africa (ICASA) could not implement the new data regulations surrounding out-of-bundle (OOB) billing and rollover data. These regulations will thus not come into effect as planned.
This ruling comes after Cell C appealed to the South Gauteng High Court, arguing that the one-month implementation deadline was too short and would be impossible to meet. The mobile operator asked for another six months to be able to implement the rules. The court has ordered that Icasa must file a responding affidavit within 10 days in an urgent application brought by Cell C, which will then have another five days to reply.
Cell C said in a statement it was relieved by this industry-affecting order by the high court and was joined by MTN, Vodacom and Telkom in an attempt to get more time to comply with the End-user and Subscriber Service Charter Amendment Regulations (EUSSC).
Paseka Maleka, ICASA’s spokesperson, said late on Thursday that ICASA has decided that it will defend the application by Cell C and to this end.
Icasa also said before the court ruled on the matter that it still expects South African mobile operators to comply by the original deadline of Friday, June 8 for implementation of the new regulations, but that it would also not penalise them for the time being.
By Daniëlle Kruger
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