The Pretoria High Court yesterday ordered communications minister Ivy Matsepe-Casaburri not to implement her decision of 26 August, licensing the second national operator (SNO), following a legal challenge from Nexus Connexion.
Nexus, the 19% empowerment shareholder in the SNO, originally filed an application seeking a judicial review of the process that saw a 25% combined shareholding in the SNO awarded to two foreign bidders, namely CommuniTel and Two Consortium.
Yesterday`s review application named Matsepe-Casaburri as first respondent, followed by Two Consortium, CommuniTel, Transtel, Eskom Enterprises and finally the Independent Communications Authority of SA (ICASA).
Daniel Pretorius from Bowman Gilfillan, the attorneys for Nexus, says the minister has been told not to take further steps in the SNO process until 29 October, pending ongoing negotiations with his client.
"The minister will not take the SNO process further at this point, and she will also request that ICASA do the same until the date set by the court," says Pretorius.
"The intention is hopefully for Nexus and the minister to reach some sort of arrangement during the negotiations that will be good for all parties."
He says that if the matter is not settled by 12 October, the minister will be expected to file her answering affidavit by the 18th, with Nexus filing a replying affidavit by the 22nd.
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