Ironic though it seems, it's unfair to blame ICASA here. In this instance, they are doing exactly what they should - upholding the rule of law. They are not, as some would like, simply be doing what the Minister of Communications said she'd like - giving ECNS licences to various VANS that she happens to like for one or other reason - in the face of the EC Act that was debated at length and voted on in parliament, flawed though it may be.
For a body like ICASA simply to follow the whims of a government minister, rather than uphold laws made in parliament, leads to eventually in one direction - Zimbabwe.
It's actually very refreshing to see a regulator sticking to the law, based on sound legal advice, and ignoring the opinions of politicians. The competition commission does this often. This is precisely why Altech had challenged the process - ICASA cannot simply give away licences to VANS that they (or the Minister) happens to like (e.g. they have heavyweight party supporters on their Boards, for example), and discriminate against all others. When it comes to abusing market power, just what is the difference between a large VANS that has a dominant market position in their sector, and one of the telcos that has the same in theirs?