Neotel to challenge a portion of the High Court judgement on the VC-Neotel merger

MickeyD

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This article refers: http://businesstech.co.za/news/columns/114738/cell-c-cheers-vodacom-loss-on-neotel-spectrum/
Cell C cheers Vodacom loss on Neotel spectrum


Has Cell C started celebrating too early?

During the court proceedings Cell C were the party pushing the 30% BBBEE ownership as a means to scupper the Vodacom-Neotel deal.

And the High Court obliged by using it as one of the reasons to stop the deal.

Now we have an interesting situation arising this week with Neotel challenging just this portion of the judgement, and for very good reason.

If the judgement is not challenged, it could put the cat among the pigeons on many deals and proposed deals.

The Telkom-BCX acquisition is the first one that springs to mind. Even though Telkom are not after BCX's licenses and there is no spectrum involved, Telkom does not meet the 30% ownership requirement. So even with Competition Commission and Competition Tribunal approval, the deal will have to be approved by ICASA as well. Telkom/BCX showed them the middle finger and said that their approval is not required. Oops... this ruling says otherwise.

Now let's examine Cell C's BBBEE ownership. Oops... I'm sure Oger will not be amused!

Then we get MTN's purchase of Afrihost. Oops... Houston, we have a problem.

And there are a few more.

This makes the Neotel application very, very interesting!!
 
It's like deja vu in here considering my discussions at 3am this morning...:D
 
If the judgement is not challenged, it could put the cat among the pigeons on many deals and proposed deals.

The Telkom-BCX acquisition is the first one that springs to mind. Even though Telkom are not after BCX's licenses and there is no spectrum involved, Telkom does not meet the 30% ownership requirement. So even with Competition Commission and Competition Tribunal approval, the deal will have to be approved by ICASA as well. Telkom/BCX showed them the middle finger and said that their approval is not required. Oops... this ruling says otherwise.

because they removed the acquisition of licences Telkom were not required to make any application to ICASA or to get its approval for the transaction

+ if govt owns, effectively, more than 50% of Telkom then do they not have the required HDI ownership?

Then we get MTN's purchase of Afrihost. Oops... Houston, we have a problem.

afaik afrihost would have class licences - no HDI ownership requirement applies to class licences
but still a very very interesting appeal
 
Afrihost are an c-ECS player. Axxess ...

IIRC Telkom surrendered the spectrum assignments / allocations (can never remember which way about ICASA are terming things) but the acquisition of BCX was with ECNS and ECS licencing intact. Telkom can surrender the licences though but it is a frustration for them nevertheless
 
Business Connexion Content Distribution Solutions (Pty) Ltd still appears on the 3/12th list as having an individual ecs and ecns licence

of course ICASA lists aren't ideally reliable ...
 
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