They should test this case in the Constitutional Court IMO. Everybody should have a right to communication. Communication Laws belong in the Dark Ages. Their design now is counter productive. Like all Laws, they need constant overhaul. The Telecommunication Laws in SA need to be reviewed as a matter of Urgency.
One can also take the situation further and state that Communication is a Right, like the Right to be able to breathe air or drink water. If I wanted to talk to my father 500 miles away, I should be able to do so without the threat of legal action, because of Laws created many years ago. The air waves do not belong to the state and are of common property.
Many of the laws surrounded the hard wire format we see like telephone lines and poles, were designed to prevent abuse. Can you imagine if everyone set up their own hard wired network crossing streets or provinces? It would be chaos. This was IMO, the original need to implement these laws. Now that new technology circumvents hard wired networks, many Governments like our own choose to stall Law Making in this Department. Why?
They cannot keep the inevitable at bay forever.
With the fact that Telkom in SA is not setting up Infrastructure anymore the Right to use Wireless Means to Communicate becomes a real issue. But certain elements don't wish this to happen. These elements might come from different sectors other than Telkom or ICASA. As time progresses the Companies that lose business will cry foul to Wireless Alternatives.
But how can you stop the future. Don’t we learn from History?
I'm am of the belief that in the not to distant future, technology will surpass Companies like Telkom and people will look back at this era as the Dark Ages in the History of Communications. A Renaissance period will follow. But we need to get out this rut we are in right now. ICASA type entities and Governments like ours will be dragged forward whether they like it, understand it or not. They won’t be able to stop what is going to happen. They cannot stop the Right to Communication.
Wireless is like a loophole to communication.
<b><hr noshade size="1"></b><font size="2"><font color="red"><b>You can take Telkom out of the Post Office but you can't take the Post Office out of Telkom.</b></font id="red"></font id="size2">
