Chapter One Foundation Ltd v Zambia Information and Communications Technology Authority (HP 955 of 2021) [2022] ZMHC 3 (17 March 2022)
The matter is settled by consent with the respondent agreeing not to act outside its legal regulatory powers to inhibit or interrupt access to information and to inform the public within thirty-six hours of any disruption.
Source-derived case information.
- Citation
- [2022] ZMHC 3
- Parties
- Applicant: Chapter One Foundation Limited; Respondent: Zambia Information and Communications Technology Authority
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 955 of 2021
- Procedural Posture
- Judicial Review / Consent Judgment
- Outcome
- Matter settled by consent judgment
- Legal Topics
- Judicial Review, Regulatory Powers, Access to Information, Consumer Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chapter One Foundation Limited
Applicant
Zambia Information and Communications Technology Authority
Respondent
Procedural Posture
Judicial Review / Consent Judgment
Legal Issues
- 1 Whether the respondent acted within its legal regulatory powers regarding access to information on telecommunication platforms
- 2 Obligations of the respondent to inform the public in the event of service disruption
Ratio Decidendi
The matter is settled by consent with the respondent agreeing not to act outside its legal regulatory powers to inhibit or interrupt access to information and to inform the public within thirty-six hours of any disruption.
Court Disposition
Matter settled by consent judgment
Orders
- The respondent shall not act outside its legal regulatory powers to inhibit or interrupt access to information on telecommunication platforms where consumer and constitutional rights are threatened.
- The respondent shall inform the public as to the cause of any disruption within thirty-six hours of the event.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) IN THE MATTER OF: AND IN THE MATTER OF: BETWEEN: 2021/HP/0955 AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDER 53 SUPREME COURT OF ENGLAND, 1999 EDITION OF THE RULES OF THE RULE CHAPTER ONE FOUNDATION LIMITED APPLICANT AND ZAMBIA INFORMATION AND COMMUNICATIONS TECHNOLOGYAUTHORITY RESPONDENT CONSENT JUDGMENT BY CONSENT of the Parties, IT IS AGREED and ORDERED that the matter is HEREBY settled on the terms contained in this consent judgement: 1. 2. 3. That the Respondent shall not do any act or make any omission outside of their legal regulatory powers and authority which may inhibit or interrupt the flow of and uninhibited access to information on all available telecommunication platforms under their control and/or regulation where the interest of consumers and their consumer and constitutional rights are threatened. That the Respondent shall, the event of interrupted or inhibited access to information on all available telecommunication platforms under their control and/or regulation inform the public as to the cause of the disruption within thirty-six hours of the event. That each party bears its own costs of and incidental to this matter. in Dated the... ccccceesesees A Laverna ay Of -vesiicssarvMmbatrccceaiatinc ect abusniiintinncaceascsties . 2022 (ae —_ en HON. JUSTICE CHARLES ZULU HIGH COURT JUDGE We we ee TAS We consent: ob QS... Legal Counsel Zambia Information and Communications Technology Authority, Stand No. 4909 Corner of independence & United Nations Avenue LUSAKA bmupenda@zicta.zm ADVOCATES FOR THE RESPONDENT The Plaintiff and its Advocates Messrs LCK Chambers Plot 6941 Suez Road LUSAKA Infodesk@Ick.co.zm ADVOCATES FOR THE APPLICANT IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) IN THE MATTER OF: AND IN THE MATTER OF: BETWEEN: 2021/HP/0955 AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDER 53 SUPREME COURT OF ENGLAND, 1999 EDITION OF THE RULES OF THE RULE 3 CHAPTER ONE FOUNDATION LIMITED APPLICANT AND ZAMBIA INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY RESPONDENT CONSENT JUDGMENT Per: LCK Chambers Plot 6941 Suez Road, Cathedral Hill P. O. Box 51378 LUSAKA infodesk@lck.co.zm ADVOCATES FOR THE APPLICANT