Telkom SA Soc Limited v Chairperson, Independent Communications Authority of South Africa and Others (38332/18)
Telkom SA Soc Limited v Chairperson, Independent Communications Authority of South Africa and Others (38332/18) [2020] ZAGPPHC 443 (15 August 2020)
The court found that ICASA's decision to require Telkom to lease duct space to Vodacom was reasonable and supported by sufficient technical and economic evidence. The statutory framework of the Electronic Communications Act mandates infrastructure sharing to promote competition and efficient use of resources. Telkom's objections regarding technical descriptions, inspection methodology, financial consequences, and procedural fairness were rejected. The negotiation of rental and other terms is reserved for the subsequent phase, not the reasonableness determination. The court held that ICASA pro…
Source excerpt
- Electronic Communications Act
- Facilities Leasing
- Infrastructure Sharing
- Market Dominance
- Efficient Use Of Resources
- Review Of Administrative Action