Altech announced today that it has been successful in opposing the Minister of Communications, Ivy Matsepe-Casaburri, in her application for Leave to Appeal against the Independent Communications Authority of South Africa (ICASA) / Value Added Network Services (VANS) judgment, which found in favour of Altech Autopage Cellular, on the 29th of August 2008.
Acting Judge N. Davis heard the application for Leave to Appeal arguments from the Minister and the opposing arguments from Altech on Thursday 30th October 2008, and on Friday 31st October delivered his decision that the Minister’s application for Leave to Appeal would be refused on all points, with costs.
Craig Venter, Altech’s Chief Executive Officer commented “This is a powerful affirmation of our original court victory, and indicates that there is little prospect of any other court coming to a different conclusion. This brings Altech, the industry and the consumer within touching distance of a level playing field and fair market competition.”
On September 19, the Minister confirmed that government would appeal the High Court’s judgment that Altech Autopage Cellular had the right to convert its Vans licence into an individual electronic communications network service (I-ECNS) licence.
This would allow Altech Autopage Cellular to develop and operate its own communications network.
Today’s judgment is good news for network operators in South Africa who have been crying out for open competition and a level playing field.