South Africa’s biggest forum. Discuss, discover, and connect with thousands of members.
its not entirely clear in the notice on ICASAs webpage whether the case is against Screamer exclusively or Screamer and Sentech.
Is this a Zuma, Shaik situation; or will they need to take on all parties to the alleged (at this point in time alleged) contraventions?
“Our argument would be that the CCC should always prefer the interpretation of the Electronic Communications Act that would allow for this sort of agreement because it’s an agreement that allows a licensee to meet its obligations. Unless the CCC finds that wording of the act prohibits such an arrangement, it should find it is consistent with what the act is trying to achieve.”
Returning to the issue of the validity of the contract between Sentech and Screamer, Motsoeneng said even if the contract had been valid, it was not sanctioned by the Electronic Communications Act.
“Sentech said the agreement was cancelled, but whatever they want to call the agreement, it is not provided for in the act,” Motsoeneng said. Meyer agreed, saying the act “doesn’t provide for such agreements”.