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Supreme Court

Telecontract (Private) Limited v Postal and Telecommunications Regulatory Authority of Zimbabwe & 2 Ors

[2020] ZWSC 150

Case Details

Court
Supreme Court
Date
5 November 2020
Citation
[2020] ZWSC 150
Judgment No.
SC 150/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza DCJ
Full Bench
Gwaunza DCJMakarau JAGuvava JA
Areas of Law
Administrative lawTelecommunications lawConstitutional law
Keywords
Licence feesStakeholder consultationReasonablenessRight to tradeStatutory obligations
Tags
TelecommunicationsRegulatory feesStatutory interpretationUltra vires
legislation
Statutes Cited
  • Postal and Telecommunications Act
  • Postal and Telecommunications Act
  • Administrative Justice Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the appellant proved that S.I 122/2013 was ultra vires the Postal Telecommunications Act due to lack of stakeholder consultation","issue_type":"law","dispositive":"yes","related_facts":"Allegation that no stakeholders were consulted before promulgation"}
  • {"issue_text":"Whether the appellant proved that the US$5.5 million class A licence fee was unreasonable and interfered with constitutional right to trade","issue_type":"mixed","dispositive":"yes","related_facts":"Fee amount, regional comparisons, appellant's inability to pay"}
  • {"issue_text":"Whether the first respondent has legal obligation to enforce s 37(5) regarding licence publication by licensees","issue_type":"law","dispositive":"yes","related_facts":"Section 37(5) places obligation on licensees, not regulator"}
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background
Facts of the Case

Background

Telecontract (Private) Limited, an internet service provider, challenged the validity of telecommunications licence fees set at US$5.5 million for class A licences under S.I 122/2013, arguing they were ultra vires, unreasonable, and interfered with its constitutional right to trade. The company also sought enforcement of licence publication requirements.
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