Vodacom / Neotel transaction

Posted by LA Thornton on Tuesday, March 1, 2016
In the Gauteng Division of the High Court, judgement was handed down in all of the cases challenging ICASA’s decision in the proposed Vodacom/Neotel transaction finding the following.

*  ICASA’s ex parte meeting(s) with the parties were unlawful and therefore ICASA is “reasonably suspected of bias” in deciding the matter.

* ICASA was obligated to consider the issue of competition within the ICT sector when considering the matter.

* Applications for transfer of control of licences must meet the 30% equity ownership threshold set out in the Electronic Communications Act, at a minimum.

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