Namibian High Court rules licence fee provision in Communications Act unconstitutional

Posted by LA Thornton on Thursday, October 20, 2016
The Namibian High Court in Windhoek has ruled that section 23(2)(a) of the Communications Act is unconstitutional.  Section 23(1) permits the regulator, the Communications Regulatory Authority of Namibia (Cran), to make regulations setting out licence fees.  Section 23(2) provides ways to do this.  Section 23(2)(a) provides that Cran may tie the fees to the revenue of licensees.  

The court ruled that section 23(2)(a) permits Cran to impose fees without carrying out a estimated costs of relegation (which is required by section 23(1)), and therefore held it to be unconstitutional.

The judgement is being appealed.  

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