Third cell licence bidder NextCom Cellular is seeking an urgent interdict to prevent communication minister Ivy Matsepe-Casaburri from confirming the South African Telecommunications Regulatory Authority`s (SATRA) recommendation of Cell C as preferred bidder for the third cellular licence.
NextCom is requesting a judicial review of both the SATRA decision-making process and its final recommendations - citing extensive procedural irregularities.
The company has announced its intention to lodge papers with the Pretoria High Court by Friday, 7 July, to challenge SATRA`s final recommendation that Cell C be awarded SA`s third cellular licence.
It also plans to serve papers on SATRA, the regulatory authority`s former chairman, Eddie Funde, the minister of communications, rival applicants and the Independent Communications Authority of South Africa, which will replace SATRA and the Independent Broadcast Authority. The application is likely to be heard in the Pretoria High Court early next week, with judgement expected on the same day as the hearing.
"By seeking the interdict against Dr Matsepe-Casaburri, we are not challenging her legal and constitutional prerogatives," NextCom CEO Bushy Kelobonye says. "The effect of our action is to protect her from accepting and acting on a tainted recommendation from SATRA."
Kelobonye says the second legal process - effectively a continuation of NextCom`s successful legal challenge to SATRA in April - would seek to overturn SATRA`s final recommendation following a full judicial review of the processes and procedures followed by the regulatory authority.
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