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Harare High Court
Telecontract (Pvt) Ltd v Postal and Telecommunications Regulatory Authority of Zimbabwe & 2 Ors
HH 467-18
Case Details
Court
Harare High Court
Date
8 August 2018
Citation
HH 467-18
Neutral Citation
[2018] ZWHH 467
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Administrative LawTelecommunications LawStatutory Interpretation
Keywords
Internet Access Provider LicencesStatutory Instrument 122 of 2013Licence FeesUltra ViresReasonablenessConsultation Requirements
Tags
TelecommunicationsRegulatory LawStatutory InstrumentsLicence FeesUltra Vires
legislation
Statutes Cited
- Postal and Telecommunications Act
- Postal and Telecommunications Act
- Constitution of Zimbabwe Amendment (Number 20) Act, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Statutory Instrument 122 of 2013 setting licence fees at US$5.5 million is ultra vires the parent Act on grounds of unreasonableness","issue_type":"law","dispositive":"yes","related_facts":"Fee amount, 14-year coverage period, consultation process"}
- {"issue_text":"Whether the 1st respondent failed to comply with statutory obligations under s 5 (5) of S.I. 262 of 2001 to publish licences in the Gazette","issue_type":"law","dispositive":"no","related_facts":"Ministerial order issued 30 June 2016, no publication occurred"}
- {"issue_text":"Whether the 1st respondent must enforce s 37 (5) of the Act regarding publication of licences by licensees","issue_type":"law","dispositive":"no","related_facts":"Gap in enforcement mechanisms"}
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background
Facts of the Case
Background
Telecontract challenged the US$5.5 million Class "A" Internet Access Provider licence fee set by Statutory Instrument 122 of 2013, arguing it was ultra vires and unreasonable. The application was initially dismissed on procedural grounds but the Supreme Court remitted it for merits determination.
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