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Harare High Court
Telecontract (Pvt) Ltd v Postal and Telecommunications Regulatory Authority of Zimbabwe & 2 Ors
HH 269-17
Case Details
Court
Harare High Court
Date
3 May 2017
Citation
HH 269-17
Neutral Citation
[2017] ZWHH 269
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Administrative LawTelecommunications LawRegulatory Law
Keywords
Licence feesUltra viresReasonablenessPOTRAZTelecommunications licensing
Tags
TelecommunicationsLicensingRegulatory FeesAdministrative Law
legislation
Statutes Cited
- High Court Act
- Postal and Telecommunications Act
- Postal and Telecommunications Act
- Postal and Telecommunications Act
- Postal and Telecommunications Act
- Administrative Justice Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly brought as a declaratur instead of a review application","issue_type":"procedural","dispositive":"yes","related_facts":"Application seeks to set aside administrative decision"}
- {"issue_text":"Whether the licence fees set under S.I 122 of 2013 are ultra vires the enabling Act","issue_type":"law","dispositive":"no","related_facts":"Fees of US$5.5 million challenged as unreasonable"}
- {"issue_text":"Whether POTRAZ failed to comply with publication requirements","issue_type":"law","dispositive":"no","related_facts":"Licences not published in Gazette"}
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background
Facts of the Case
Background
Telecontract (Pvt) Ltd, an internet service provider since 1997, challenged the US$5.5 million Class A licence fee set by POTRAZ under Statutory Instrument 122 of 2013, arguing it was unreasonable and ultra vires the enabling Act. The company sought to pay in instalments but was refused.
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