I do not think that a newspaper/magazine ad is the most optimal way of expressing our frustrations. I think there are a few options left to us, although it may require some parallel thinking. The option of placing a newspaper ad will cost quite a bit of cash, and then one hope that we will reach the correct person/business (a person have to notice the ad, decide to read the add, and also think about the add, and the add must mobilize that person to make it effective). These 4 factors are important to determine the success of an advertisement.
Unfortunately, as any marketing person will tell you, repetition is also the key. One ad has been proven to be really inefficient, so, my opinion is that such an ad will be a waste of money. Not that I do not support the initiative (I am writing this, aren’t I J).
So, I recommend not taking on Telkom. They have more money (nice R11 billion) to use on lawyers and spin-doctors, so, whatever ad we place, next Sunday you will have a bigger, better ad in ALL the newspapers refuting the statements we made.
I would like to propose a second option. And, it is quite extensive, so please bear with me. This idea is just basic, as I do not have the time to do research now, but, perhaps other members can help.
We have a few acts that we should use in our favor. We also have something that all government ministers hate … bad publicity. So, instead of taking on the monopoly, we take on the ministers, claiming that they are not doing their jobs, that they cannot enforce their legislation, and that they are incompetent. Yes. We sue them.
First a bit of background is in order. (example)
Competition Act, 1998, Section 7.
A firm is dominant in a market if--
a) it has at least 45% of that market;
b) it has at least 35%, but less than 45%, of that market, unless it can show that it does not have market power; or
c) it has less than 35% of that market, but has market power.
Competition Act, 1998, Section 8.
It is prohibited for a dominant firm to--
a) charge an excessive price to the detriment of consumers;
b) refuse to give a competitor access to an essential facility when it is economically feasible to do so;
etc.
Consumer Affairs Act, 1988
Defines "unfair business practice" as
means any business practice which, directly or indirectly, has or is likely to have the effect of--
a) harming the relations between businesses and consumers;
b) unreasonably prejudicing any consumer;
c) deceiving any consumer; or
d) unfairly affecting any consumer.
Respondent: Minister of Trade and Industry
I say Telkom is a dominant firm (Sect 7), and is charging an excessive price to the detriment of consumers (Sec 8(a)). They are engaging in unfair business practices. There has been reports previously stating that Telkom’s actions is costing the country growth, employment and investment. Should be relatively easy to show (if we get all the information together). The Minister is therefore not implementing these act (his responsibility or work) and by not doing his work, we claim he is incompetent to do that. We are asking for a high court interdict to have him removed.
OK, just wanted to check something, but the government servers is down, so I cannot get the telecommunications act, and a few other acts. I will add on to this over time. Few further issues of importance.
I.t.o. their licence Telkom have to provide basic access to the South Africans. We have to define what is considered basic access … is internet considered basic access (think Constitution and Education Acts – In a developing world the internet is almost a necessity to get information and for SELF-EDUCATION). However, a few statistics:
- The average salary in South Africa is about R1,980 per month.
- Average internet costs (line rental, calls and internet) is more than R200.
- 6,000,000 people without jobs (40% unemployment).
- About 8 million kids parents (unemployed parents) cannot afford internet.
- About 1.5 million people have home telephones and a cellphone.
- About 1 million people only have a home phone.
- About 2 million people have a cellphone.
- So the reach of Telkom is actually worse than cellphone companies.
All from
www.statssa.gov.za (2001 census)
So, I am sure that one can make a case that Telkom is not complying to their licence conditions. (respondents below is not doing their work). Remember, that Telkom themselves is compiling the report saying that they complies. I also remember a Telkom media ad saying that they are of the cheapest telecommunication providers in the world. Nice what one can do with statistics.
The following respondents should be sued:
Minister of Telecommunications
ICASA Chairperson
The President (first respondent, as a court have to order him to relieve a minister of his duties).
They are not implementing their acts (else we request for high court order why aren’t they doing their work i.t.o. the Promotion of Administrative Justice Act), therefore we consider them incompetent and they should be relieved of their duties.
Now. First. We will never win such a case, as:
1. It will cost millions,
2. It will drag on in the courts for years to come,
3. Difficulty to prove some issues.
However, there is sufficient information available to make some sort of case. If we can get the time of a lawyer to draw up a summons to sue these departments and individuals, and have it signed and delivered (all officially), it will cost far less than one newspaper ad. Roughly, even if we have to pay a lawyer to draw up a “Notice of Intent to Summons”, (if we can supply that Lawyer with all the facts and claims), it should cost less than R10,000.
The spin-off however is as follows:
1: All newspapers will have at least large second page articles about the possible court-case. They will state the reasons, and what the case is all about.
2: There we can mention every-thing we want to mention. Telkom is a dominant firm, they are determining the prices, and making massive profits by doing so.
3: The actions of Telkom is costing the country investments, jobs, etc.
4. etc, etc, etc.
Everything that we can throw at Telkom we can state, as long as we use existing articles and reports as basis, and do not make up stuff. The beauty is that we cannot be sued for our claims, as everything is sub-judica, and since Telkom is not a respondent, they cannot fight the case directly, neither even support the Government (possible corruption/bribing ?).
Our purpose. Any minister being sued, or, being a serviced (by an officer of court) a notice of intent is big news. And a claim that he is not doing his work, and that we would like to relieve him of his duties (by having a court order the President to take action) is at least second page, of not headline news. And this will be in the news for at least a week (repetition). We do not need to proceed with the court action, as our purpose is to get newspaper time, with the MYADSL Action Group as the possible Plaintiff. If asked, we just state that we are in the process of collecting funds to proceed with the case … which can take ages. But, we will have newspaper time.
This is cheap, nasty, but it works. And perhaps the minister and president will start acting, and using their legislations, as, Government Ministers hate bad publicity.
This is an extreme rough outline. Will add more over time.