Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Forget the iPhone: Apple's real next act is your home

      Forget the iPhone: Apple’s real next act is your home

      27 August 2026
      Meta wins by settling

      Meta wins by settling

      27 August 2026
      A Limpopo solar farm is now powering a smelter in Richards Bay

      A Limpopo solar farm is now powering a smelter in Richards Bay

      27 August 2026
      The real story behind Iris, South Africa's classroom robot - Bonisiwe “Thandoh” Gumede with Iris

      The real story behind Iris, South Africa’s classroom robot

      27 August 2026
      South Africa's 'clean coal' plan is a bet against arithmetic

      South Africa’s ‘clean coal’ plan is a bet against arithmetic

      27 August 2026
    • World
      AI-generated music banned from Australian charts

      AI-generated music banned from Australian charts

      26 August 2026
      Traders brace for a R4.5-trillion swing in Nvidia's value

      Traders brace for a R4.5-trillion swing in Nvidia’s value

      25 August 2026
      Russia building its own Starlink - and faster than expected - Vadym Skibitskyi

      Russia building its own Starlink – and faster than expected

      11 August 2026
      Meta AI will now tell parents if their teen is in crisis

      Meta AI will now tell parents if their teen is in crisis

      17 July 2026
      IBM shares crash 25% as AI upends software spending - Arvind Krishna

      IBM shares crash 25% as AI upends software spending

      15 July 2026
    • In-depth
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
    • TCS
      Watts & Wheels S1E8: 'Tesla lands in Africa, just not here'

      Watts & Wheels S1E8: ‘Tesla lands in Africa, just not here’

      24 August 2026
      Meet the CIO | Discovery's Derek Wilcocks on AI, guardrails and growth

      Meet the CIO | Derek Wilcocks on how AI personalised Vitality

      13 August 2026
      TCS | Money just became native to the internet - Steven Boykey Sidley

      TCS | Money just became native to the internet – Steven Boykey Sidley

      12 August 2026
      TCS+ | Specops' Darren James on continuous trust in an AI world

      TCS+ | Specops’ Darren James on continuous trust in an AI world

      7 August 2026
      TCS+ | How AI is turning hardware into a subscription service - Shane van der Merwe Merchant West

      TCS+ | How AI is turning hardware into a subscription service

      6 August 2026
    • Opinion
      The fragile joint in the Capitec machine - Pambos Soteriades

      The R197-billion market the banks can’t reach

      25 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      Management consulting as we know it is over

      21 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      The most dangerous customer is the quiet one

      10 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      South African tech’s compounding debt problem

      29 July 2026
      The fragile joint in the Capitec machine - Pambos Soteriades

      Best network, worst vibes: the puzzle of SA telecoms

      20 July 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Why Telkom is dragging Icasa to court

    Why Telkom is dragging Icasa to court

    By Duncan McLeod16 July 2015
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    gavel-640

    Telkom on Friday filed an application at the high court in Pretoria seeking to set aside Icasa’s recent decision to approve the transfer of Neotel’s licences to Vodacom because the communications regulator has failed to adequately take into account various considerations.

    That’s the word from Telkom spokesman Jacqui O’Sullivan, who was responding to a query from TechCentral as to why the telecommunications operator had decided to challenge Icasa’s approval — with conditions — of the transfer of licences.

    Vodacom is offering R7bn in cash to buy 100% of Neotel. The Competition Commission has recommended to the Competition Tribunal that the deal be approved, albeit with conditions.

    O’Sullivan said Telkom has approached the high court on a “semi-urgent basis” for an interim order to suspend the implementation of the Icasa decision pending the resolution of a final review.

    Icasa, she said, has not adequately considered certain issues when granting regulatory approval for the transaction. “The regulator had previously been alerted to these considerations,” she said.

    Telkom submitted during public hearings that Icasa does not have regulations, in terms of section 13(1) of the Electronic Communications Act, to deal with the transfer of control of what are termed “individual licences”.

    In addition, Icasa needs regulations, in terms of section 13(3) of the act, to adjudicate over the broad-based black economic empowerment (BBBEE) implications of the proposed transfer of control from Neotel to Vodacom.

    Also, the regulations under which the applications were brought were not suitable for the purpose, Telkom said. And the regulations in terms of section 31 (2A) of the act are a necessary condition for the transfer of control of Neotel’s high-demand spectrum.

    Telkom said Icasa “should consider promulgating the [necessary] regulations … prior to adjudicating over the transfer of control of spectrum licences”.

    Neotel-640
    Telkom says Icasa’s approval of Vodacom’s proposed R7bn acquisition of Neotel was premature

    “Telkom believes the authority should have closely considered the effect on competition and market structure of the transfer of control of spectrum licences, and imposed appropriate licence conditions to maintain a level playing field,” O’Sullivan said.

    “In addition, the authority was prompted to consider whether this transaction negates the objects of the Electronic Communications Act in relation to BBBEE and, if it did, to make an appropriate determination and/or impose appropriate licence conditions,” she said.

    It was “unlawful” for Icasa to approve the transfer of Neotel’s spectrum licences to Vodacom “in circumstances where, effective from 1 April 2015, Icasa made regulations which provide that [it] will not approve the assignment, ceding or transfer of control of a radio frequency spectrum licence if such transaction will not promote competition; or if such transfer will result in the reduction of equity ownership held by historically disadvantaged persons to be less than 30%”.

    “…If the 2015 regulations did not apply to the merger application, was it lawful for Icasa to have considered and approved an application for the transfer of control of licences without Icasa having made the requisite regulations in which the relevant procedures and criteria are prescribed?”

    Telkom said Icasa’s approval of the deal was premature. “A transfer of control of spectrum licences in the circumstances will be contrary to the values of accountability, responsiveness and openness, which are fundamental values of our constitution,” said O’Sullivan.  — © 2015 NewsCentral Media

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Competition Commission competition tribunal Icasa Neotel Telkom Vodacom
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleNow MTN, Cell C mull action over Neotel
    Next Article Nedbank steps up fight against cyber crooks

    Related Posts

    The hole in the law above the Karoo

    The hole in the law above the Karoo

    26 August 2026
    Blu Label says MTN is coming for its Capitec business - Brett Levy

    Blu Label says MTN is coming for its Capitec business

    26 August 2026
    300 million Sims a year for 60 million South Africans - Ferdi Moolman

    300 million Sims a year for 65 million South Africans

    25 August 2026
    Company News
    Can you trust the AI speaking to your customers? - 1Stream

    Can you trust the AI speaking to your customers?

    27 August 2026
    Telviva launches Viva, a digital agent built for South African businesses - Telviva CEO David Meintjes

    Telviva launches Viva, a digital agent built for South African businesses

    27 August 2026
    Regulated systems need more automation, not less - BBD Software

    Regulated systems need more automation, not less

    27 August 2026
    Opinion
    The fragile joint in the Capitec machine - Pambos Soteriades

    The R197-billion market the banks can’t reach

    25 August 2026
    South African tech's compounding debt problem - Jannie van Zyl

    Management consulting as we know it is over

    21 August 2026
    South African tech's compounding debt problem - Jannie van Zyl

    The most dangerous customer is the quiet one

    10 August 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Forget the iPhone: Apple's real next act is your home

    Forget the iPhone: Apple’s real next act is your home

    27 August 2026
    Meta wins by settling

    Meta wins by settling

    27 August 2026
    A Limpopo solar farm is now powering a smelter in Richards Bay

    A Limpopo solar farm is now powering a smelter in Richards Bay

    27 August 2026
    The real story behind Iris, South Africa's classroom robot - Bonisiwe “Thandoh” Gumede with Iris

    The real story behind Iris, South Africa’s classroom robot

    27 August 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}