Monday, 10 August 2009

Sale of ZAMTEL hits a legal obstacle?

It seems like the proposed sale of ZAMTEL will be hit by a legal challenge by Vodacom Zambia led by Enoch Kavindele. This is according to a report in the POST on the press conference held by Mr. Kavindele over the weekend.

They seem to be relying on a very broad injunction obtained last year,

According to the ex parte order for interlocutory injunction granted to Vodacom Zambia by judge Musonda on October 3, 2008, CAZ had been restrained further publishing any invitation to tender or grant any mobile licence whatsoever kind to any national mobile cellular operator for Zambia or any related cellular technology whether it be via broadband, WiMAX, data, Spectrum allocation in any available frequency, 2G, 3G, 3.5G, 4G, GSM, CDMA, mobile data, Wi-Fi, Cable, DSL, Hotsport, Voice Over Internet Protocol and Internet Protocol Television (IPTV).

"And further, the defendant by itself, its chief executive/controller, directors/ regulators, servants or agent or howsoever or otherwise be and are hereby restrained by an order of injunction from attempting to introduce any other Cellular telecommunications operator(s) by way of merger/acquisition/investment/divesture and or buy-out of any existing mobile telecommunication providers until after the final determination of the defendants appeal in the Supreme Court or until further notice"

When this injuction was granted last year I am not sure most people realised that it prohibited CAZ issuing licenses for non 2G/ 2.5G mobile activities. The CAZ should clarify this as soon as possible.

The PANEL

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