The Cell C consortium says the parties that will be involved in the judicial review of the selection process that led to its selection as preferred bidder have agreed to a timetable that will see the matter back in court in October.
Late this morning, Judge Nico Coetzee ruled that Nextcom has shown a prima facie case of irregularities in the selection process and granted Nextcom the interdict it sought.
The interdict effectively ties the hands of communications minister Ivy Matsepe-Casaburri, preventing her from awarding the licence.
Judge Coetzee ordered that the final recommendation by the South African Telecommunications Regulatory Authority (SATRA) be suspended and "deemed to be of no force or effect" until the matter has been concluded.
The order also prohibits Matsepe-Casaburri from acting on the recommendation or from exercising her powers with respect to the third licence.
"My task is not to finally determine these issues," Coetzee said when handing down his orders. "My task is to determine if Nextcom has shown prima facie that should a review court consider these matters, it would be able to prove that ICASA [the Independent Communications Regulatory Authority of SA] had acted irregularly."
ICASA has been substituted to defend SATRA's actions, since SATRA and the Independent Broadcasting Authority have been merged to form ICASA.
Coetzee dismissed allegations by both Cell C and SATRA that former SATRA chairman Nape Maepa had worked with Nextcom to strengthen its case. "I find nothing sinister in the fact that MR Maepa, at Nextcom's request, provided it with supporting affidavits," the judge says in his written judgement.
"In my view, the evidence prima facie shows that pressure was brought to bear upon Maepa to withdraw from the ICASA deliberations and that, by doing so, the minister and the president's office violated the encroachment principle of the constitution and acted contrary to the provisions of [the Telecommunications Act]."
Coetzee also told the court that he had discussed the matter with the Judge President, and that the matter would be fast-tracked through the court system where possible.
Council for Cell C indicated that it would prefer Coetzee to hear the review application, as he had background knowledge of the matter. Nextcom is not expected to have objections.
Cell C director and spokesman Zwelakhe Mankazana says his consortium expected the matter would go to review, but did not expect the extent the ruling would have.
"We are disappointed that the minister has been interdicted from acting until the review is complete," he says. Any bidder is still free to continue whatever preparations it can make for the licence without actually having it, he says, and while Cell C is affected by any delays, nothing has changed in practical terms for the consortium.
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Nextcom granted interdict
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