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Question of the Day: What's the most interesting small town you've visited in South Africa?
ToxicBunny
Oi! Leave me out of this...
This unfortunately was expected when Her Poison Ivyness instituted an appeal based on the wranglings of her DG/Overlord Stalin-Mofele..
Still doesn't make it anyless of a FFS moment tho..
Still doesn't make it anyless of a FFS moment tho..
Shadow Dragon
Well-Known Member
lol they are anything but INdependent, DCASA.
Veroland
Executive Member
Damn, is there no way to get rid of that bloody Ivy??
ShaunSA
Derailment Squad
Someone did contemplate an assassin
But then we'd be stuck with Lyndall. And that would be infinitely worse
LazyLion
King of de Jungle
Someone did contemplate an assassin
But then we'd be stuck with Lyndall. And that would be infinitely worse
ClusterBomb or BunkerBuster...
although... it might take everyone else out... but Ivy might survive it. Donuts FTW!!!!
(j/k)
... permissible satireVeroland
Executive Member
Someone did contemplate an assassin
But then we'd be stuck with Lyndall. And that would be infinitely worse
Stuck between 2 poisons. It makes a person feel so helpless when I see what kind of connections my friends get in other countries like Canada
tjunyat
Senior Member
So, what happens when they (from what I understand) contravene the ECA by not having converted all licenses by some very early point next year?
dominic
Legal Expert: Telecoms
good question
*shrugs*
there is no penalty as such but the act may have to be amended to ensure that they are authorised to convert licences after 19 January 2009
accurate on many levels but i really think the ivy has put them in an impossible position. i like to believe that mandla langa or the guy before would have taken this on but paris ain't gonna do it
dominic
Legal Expert: Telecoms
okay - break it down a little
1. altech judgement - yay
2. ICASA gazettes that it will not appeal (and does not) and states its intention to proceed to issue VANS with IECS and IECNS licences
3. At the last possible opportunity the Minister notes an appeal
4. she also issues a press statement explicitly stating that she is doing this and will go so far as to amend the ECA so as to ensure that VANS do not get IECNS licences through the conversion process
5. she then sits back and does nothing to actually get her application for leave to appeal heard
6. altech write to ICASA and say - hey! you guys didn't appeal so the judgement isn't suspended against you and the order stands that you must give us an IECS and an IECNS
7. ICASA: now what? on one hand we are sympathetic to this position but it is also hellishly legally complex (given that if they do this they will frustrate the whole appeals process i.e. it will be pointless for the Minister to appeal)
aside from the legalities of the matter this is also overtly political and policy-driven and one should not expect decisions based purely on the law because politics do play a role. @ this stage go back to your thoughts on the ICASA Amendment Act and consider how many of the more recent appointments to ICASA have been political appointments (being former DoC functionaries) - again the Minister is responsible for this
so i do not believe it is fair to pin the blame on ICASA being spineless - they are spineless when coming up against an explicit statement of policy and intent from the Minister because they have been made that way
[this does not detract that i have had the pleasure of working with some truly and scarily competent folk from ICASA over the last couple of weeks and that great strides are being made in other areas]
1. altech judgement - yay
2. ICASA gazettes that it will not appeal (and does not) and states its intention to proceed to issue VANS with IECS and IECNS licences
3. At the last possible opportunity the Minister notes an appeal
4. she also issues a press statement explicitly stating that she is doing this and will go so far as to amend the ECA so as to ensure that VANS do not get IECNS licences through the conversion process
5. she then sits back and does nothing to actually get her application for leave to appeal heard
6. altech write to ICASA and say - hey! you guys didn't appeal so the judgement isn't suspended against you and the order stands that you must give us an IECS and an IECNS
7. ICASA: now what? on one hand we are sympathetic to this position but it is also hellishly legally complex (given that if they do this they will frustrate the whole appeals process i.e. it will be pointless for the Minister to appeal)
aside from the legalities of the matter this is also overtly political and policy-driven and one should not expect decisions based purely on the law because politics do play a role. @ this stage go back to your thoughts on the ICASA Amendment Act and consider how many of the more recent appointments to ICASA have been political appointments (being former DoC functionaries) - again the Minister is responsible for this
so i do not believe it is fair to pin the blame on ICASA being spineless - they are spineless when coming up against an explicit statement of policy and intent from the Minister because they have been made that way
[this does not detract that i have had the pleasure of working with some truly and scarily competent folk from ICASA over the last couple of weeks and that great strides are being made in other areas]
dominic
Legal Expert: Telecoms
& forgive me for the triple post outside tk but i have also heard that the Ministerrrr is going to bring an urgent application against ICASA preventing it from issuing licences
eish & wtf
headline: Minister sues Regulator to prevent competition
eish & wtf
headline: Minister sues Regulator to prevent competition