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More delays in Telkom/ICASA case

The legal challenge against the rate structure imposed by Telkom as of January has hit another snag and has apparently been postponed for another two months.

In a statement released this afternoon, Telkom says the case has been postponed to 28 May at the request of ICASA, the Independent Communications Authority of SA. Telkom says ICASA failed to submit new founding papers by the end of February, and has been given 10 more days to do so.

Telkom says it opposes such delays in principle.

"Telkom is extremely disappointed that the case has been postponed yet again, as we want our case to be heard in this application that ICASA has brought against us," group executive for regulator and government affairs Victor Moche is quoted as saying.

ICASA could not immediately comment on the matter, but confirmed that it had sought a postponement.

In January, both parties agreed to a postponement in order to file further papers with the court. ICASA brought on board new council and Telkom intended to file an application to have the new ICASA tariff regime set aside, something it still intends doing later this month.

ICASA is claiming that the current Telkom tariffs, which saw the prices of some services increase by more than 50%, do not comply with its regulations. Telkom says the regulations do not apply to its tariffs as they were not in force at the time it informed ICASA of the increases, and that the rate regime itself is flawed.

Telkom users continue to pay the full current prices, but the company has undertaken to refund consumers should the courts rule against it and a new tariff structure has to be put in place.

Related stories:
Telkom/ICASA case postponed
Telkom refund could be far off

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