Why don't Telkom ADSL users sue Telkom for degredation of service?

I was thinking this morning. Why don't a bunch of current Telkom ADSL users form a group(or get MYADSL) to sue Telkom?

From when current ADSL users got ADSL, there has been a degredation of the service of which you originally paid for. If it was any other service or company you would most probably sue them for giving you a degraded service even if it's costs less now.

It's like you go to a shop and buy a Camera for R3500 brand new, but two months down the line you get the same camera for R2800 and 6 months down the line you get it for R2000. Sure it got cheaper but the camera hasn't changed. They might bring out better or a less functioning camera which might cost more or less but the original camera stays the same.

Now Telkom offer ADSL which you might have gotten for e.g. R400 for 384k with a 3 gig cap International but unlimited Local bandwidth. But now they want to change it to R200 with a 3 gig cap across the board.

The way I see it they changing the service that you paid for originally without your consent, even though it's cheaper. In other words they giving you a cheaper and different camera from the original even though you specified for the original.

That to me looks like a good case against Telkom.

Sure they can sell a (using the example) 384k ADSL now for cheaper, but they have to ablige you by leaving it at 3 gig cap international and unlimiited Local bandwidth.

If I was a Telkom ADSL user I would try to form a group(or try get MyADSL) to sue Telkom.

US

we can't. if you read the contract, it says that they reserve the right to make any changes

"Best effort service."

unless of course it vialates your constituational rights.... then of course the contractial agreement goes out the window...

Best Effort Service ..... but when it comes to paying my phone bill, I unfortunatelly can not apply the same attitude

The contract even goes so far as to waiver some of your constitutional rights.

You cant waiver your contitutional rights, even if it says so in the contract. The constitution is the highest sanction of the law, no law or contract can overpass the constitution.

sburrell said:

You cant waiver your contitutional rights, even if it says so in the contract. The constitution is the highest sanction of the law, no law or contract can overpass the constitution.

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I thought so too, but there are some basic constitutional rights that can be signed away. It sounds dumb but its possible. Nothing serious though.

sburrell said:

unless of course it vialates your constituational rights.... then of course the contractial agreement goes out the window...

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Broadband is not a basic need, and therefore not covered by the consitution. Simple. Basic needs (contrary to how some of us feel) includes things like access to running water, freedom of expression, right to dignity, etc. In some countries, however, access to suitable telecoms are considered a basic need, as it may be required in emergency situations, which again ties in with the basic need: right to life. Bottom line: broadband internet access is not a human right - even though we'd like to think so

kingmonty said:

Broadband is not a basic need, and therefore not covered by the consitution. Simple. Basic needs (contrary to how some of us feel) includes things like access to running water, freedom of expression, right to dignity, etc. In some countries, however, access to suitable telecoms are considered a basic need, as it may be required in emergency situations, which again ties in with the basic need: right to life. Bottom line: broadband internet access is not a human right - even though we'd like to think so

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How about right to public information? if someone lives in the middle of the country with no acces to governement buildings then, yes i would consider the internet or a telephone line a fundemental human right.....

the constitution prevents you from selling your soul in a contract..

OOOPS guess that is a vliolation then...

sburrell said:

How about right to public information? if someone lives in the middle of the country with no acces to governement buildings then, yes i would consider the internet or a telephone line a fundemental human right.....

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This is covered in the Public Access to Information Act (PAIA) - not the constitution. The constitution in SA is based on human rights and basic needs of people - together called constitutional rights. All other aspects are handled by Acts of Law, which is then handled in the appropriate court (Civil, Criminal, etc). Constitutional matters are handled in the Constitutional Court - to get to this court is an extremely lengthy and expensive process. Taking on Telkom in the constitutional court will never happen - not unless (hypothetically) a case is made where Telkom gets sued over mass dumping of major cancer causing pollutions somewhere near a mass of people's drinking water supply. Even in such a case it may be argued that it is an environmental matter and may be referred to a lower court thereafter.

Besides, Contract Law handles contracts between parties (i.e. Telkom and us consumers) - and unless Telkom explicitly require you to commit unlawful acts within their contract, most aspects covered by a contract such as the one you signed may include acceptable clauses such as "service levels are not guaranteed" or "based on best of time calculations". By the way, if you're a massive corporation reliant on such service, there is in any event Insurance Cover resulting in loss of business from these kind of issues. It will be nice to see a fat cat take them on with lots of money willing to pay non-practicing lawyers like me to take them on.

99% of all cases are researched on what the 1% say.... then twisted to fit the defence.

sburrell said:

You cant waiver your contitutional rights, even if it says so in the contract. The constitution is the highest sanction of the law, no law or contract can overpass the constitution.

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pity that the government run telkom and telkom run the government....

PostmanPot said:

pity that the government run telkom and telkom run the government....

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Lol, I find it rather ironic that the governemtn will have its finger in the SNO pie as well.....