Johannesburg – The matter between Cell C (Pty) Ltd, the Independent Communications Authority of South Africa (ICASA) and MTN SA was settled today.
The terms of the settlement include the fact that the End-User and Subscriber Service Charter Regulations 2018 be implemented from 28 February 2019. It would therefore serve no purpose (and would amount to wasteful expenditure) to proceed with the litigation under circumstances where the extension sought by operators has – through effluxion of time and delays in the court process – has in effect been granted by default.
“ICASA is pleased that there is now certainty on the effective date of the regulations. This is important as the regulations provide much needed relief to consumers by prescribing minimum standards of service in terms of which licensees are compelled to allow data roll-over, data transfer and most importantly to cease the automatic charging of out of bundle rates,” says ICASA CEO, Willington Ngwepe.
The review application came against the backdrop of Cell C (and MTN) requesting an extension of the date of implementation of the Regulations which was the 08th of June 2018. Cell C had requested six months’ extension to comply with the Regulations.
ICASA at the time had decided to defend the matter on the basis that it is required, in terms of its legislative mandate, to act and regulate in the public interest (particularly consumers).
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