South African High Court Blocks Icasa From Implementing New Data Rules

“It was unfortunate that we had to resort to launching the High Court application in order to get a response from ICASA in this matter,” the company said.

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Mi MIX 2 Smartphone
Mi MIX 2 Smartphone

The country’s communications watchdog, the Independent Communications Authority of South Africa (ICASA) has been ordered not to implement the new data rules, the high court ruled on Thursday afternoon.

The communications watchdog published its amended End-User and Subscriber Service Charter Regulations on 7 May 2018, and provided operators with one month to comply with the new rules.

On Thursday, Cell C disclosed that it is heading to court to seek interdict against the country’s communications watchdog to postpone the implementation of the new rules.

But Paseka Maleka, ICASA’s spokesperson said late on Thursday, that ICASA has decided that it will defend the application by Cell C and to this end.

Maleka added that the communications watchdog has resolved to postpone the effective date until the matter has been heard and pronounced upon by the court.

The High Court has given mobile network operators and ICASA 10 days to file answering affidavits to Cell C’s interdict against new mobile data regulations, according to MyBroadband.

“[ICASA] will not take any steps to implement the End-User and Subscriber Services Charter Amendment Regulations,” ruled the High Court.

Cell C was relieved by the high court order.

Cell C said in a statement it was relieved by the industry-affecting order of the high court to suspend the implementation date of the End-User and Subscriber Services Charter Regulations.

“It was unfortunate that we had to resort to launching the High Court application in order to get a response from ICASA in this matter,” the company said.

“As previously stated, Cell C is committed to complying with the regulations and will continue with its implementation programme pending the determination of the new deadline.”

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