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Centurion, 19 January 2022 - Telkom has consistently argued that South Africa finds itself in this position because ICASA has paid lip service to the consultation process and has not meaningfully engaged on the merits of Telkom’s and other interested parties’ submissions.
The Telkom application to the Pretoria High Court is in two parts.
Part A requests the court to urgently suspend the ITA while the court deliberates on Part B of Telkom’s application which focuses on the merits of Telkom’s arguments against the ITA published on 10 December 2021.
In light of ICASA having lodged at the Court the record of its proceedings (a set of documents that are relevant to the determination of the issues in dispute), a necessary step in the hearing of Part B, Telkom has proposed to ICASA and all respondents that it is perhaps prudent to proceed straight to Part B. Telkom is prepared to remove Part A of its application from the court roll if the parties are amenable to an expedited review on Part B. This is on condition that the review is heard before the finalisation of the spectrum auction process or if ICASA is prepared to move the dates of auction finalisation to await the court judgement.
The respondents are still considering Telkom’s proposal and as such, the matter is still on the court roll for Tuesday, 25 January 2022. A decision to withdraw it depends on the response from the parties and the directions that the court may give.
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For more information contact: media@telkom.co.za