Chancy Namadzunda, AfricaNews reporter in Lilongwe, Malawi
The Malawi Communication Regulatory Authority (MACRA) has slapped a third licensed cell phone operator G Mobile with a penalty of $6.9 million (about K1.2 billion) for failing to roll out its network. The regulatory body imposed the penalty on May 20 this year and gave the firm 30 days to pay.
Malawi has currently three mobile telecommunications companies; Zain Malawi and TNM Malawi and G Mobile is a third operator to be given the license.
G Mobile Phone Company was given until March 20 this year to roll out its network or have its license lifted which the company failed even if after Macra extended the duration to April 12.
The third-to-be telecommunications company took the matter to the High Court in Mzuzu where they were successful in getting an injunction restraining Macra from imposing the decision to penalize them and also give leave for judicial review.
According to court documents, High court judge Lovemore Chikopa on July 12, heard the arguments for and against the grant of leave and the continuation of the injunction from both G Mobile and Macra lawyers.
While ruling that leave for judicial review and the injunction should be maintained, Chikopa ruled that G Mobile sought an extension of time in which to roll out its network and further claimed that Macra agreed to extend the deadline on condition that G Mobile paid a penalty in the sum of $6.950, 000 by June 19, 2010.
Chikopa said Macra argued against both the grant of leave and 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 even before the court.
He, however, said even though the communication was lawfully before the court, it only contained an offer which G Mobile was free to accept or not.
“Is there a dispute between the parties? The respondent (Macra) says no. The applicant (G Mobile) says yes. We think there is which is not whether the applicant should pay a fine or not but rather how much and within what time,” said Chikopa.
The judge also ruled that all the parties in the matter should by August 9 have exchanged all documentation including affidavits and skeleton arguments.
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