McDonald Chapalapata, of The
BNL Times, writes that Malawi's third mobile operator, G Mobile, has been fined
USD 6.9 million by the Malawi Communications Regulatory Authority (Macra) for
failing to roll out its network, but the fine is being contested in court.
G Mobile was given until March 20 this year
to roll out its network or risk losing its license. The company had still not managed
to roll out its network even after it was given an extension until April 12. On
May 20, Macra imposed the fine and gave G Mobile 30 days to pay.
G Mobile then took the matter to the High
Court in Mzuzu where they obtained an injunction restraining Macra from imposing
the penalty. On July 12, high court judge Lovemore Chikopa heard arguments from
G Mobile and Macra lawyers for and against the grant of leave and the
continuation of the injunction. Justice Chikopa ruled that both leave for
judicial review and the injunction should be maintained. Chikopa said in his
ruling that G Mobile sought an extension to its roll out deadline and that
Macra agreed to extend the deadline on the condition that G Mobile pay a
penalty of USD 6.95 million by June 19, 2010.
Macra argued against both the grant of
leave and the injunction saying there are no issues between them and G Mobile
as the decision complained of is contained in a privileged communication that
should not be before the court. Macra also contended that even if such
communication was lawfully before the court, it only contained an offer which G
Mobile was free to accept or reject. G Mobile felt that there was a decision by
Macra which the court needs to review.
"Is there a dispute between the parties?
The respondent (Macra) says no. The applicant (G Mobile) says yes. We think
there is. And the dispute is not whether the applicant should pay a fine or not
but rather how much and within what time," said Chikopa.
The judge said even if the court disregarded
the letter of May 20, there is other evidence to show that Macra decided that a
fine of USD 6.9 million should be paid within 30 days.
Chikopa set August 23 as the day the court
will hear additional arguments on the matter.
