South Africa’s telecommunications industry has never been in such a heightened state of flux as it is today. The regulator, Icasa, has managed to enrage the two biggest operators, MTN and Vodacom, which have both now lodged voluminous applications at the high court in an effort to get new call termination regulations overturned.

The stakes are high — billions of rand could flow from Vodacom and MTN to smaller networks Cell C and Telkom Mobile. It’s a move by Icasa calculated to undermine the pair’s long-running duopoly hold over the market (together, they control 90% of the market by revenue), and to foster greater competition and lower retail prices.

Though the scale of “asymmetry” or price advantage offered to smaller players is open to question, there’s little argument — even, begrudgingly, from the two big players — that the rates ought to come down.

Yet the legal battle now looming was probably inevitable. Even though they benefited — some would say unfairly — from a regime that favoured them until recently, Vodacom and MTN are probably behaving as they should in moving to protect the interests of their shareholders, even if that means they’ll be accused of defending a cosy duopoly. Of course, their lawsuits won’t endear them to the public; Cell C is already airing radio ads aimed at fostering consumer resentment towards MTN over its challenge of the Icasa regulations.

But even as the high-paid lawyers on both sides prepare to do battle, I can’t help feeling that the country is focusing too much on this (admittedly still very important) issue, to the detriment of other pressing telecoms matters. The cost of voice telephony is a big concern for the millions of South Africans for whom every rand saved means more money available for other basic necessities. So, it’s right for Icasa to intervene in order to facilitate the sort of competition that will achieve lower retail voice tariffs, provided it doesn’t damage the market in the process. If it’s followed the correct procedures in drawing up the regulations and determining the rates — Vodacom and MTN insist it hasn’t — then they must be enforced.

But with all the focus on voice, has Icasa missed the boat by not paying sufficient attention to an area that is arguably much more crucial to South Africa’s economic development: the cost of mobile data? While voice tariffs have plummeted in the past year, the average cost of data on South Africa’s two big mobile networks has not fallen nearly as quickly. In its latest quarterly results, Vodacom revealed that its voice tariffs had fallen by 25% year on year, while the average cost per megabyte had fallen by 16%.

Vodacom still charges its customers an outrageous R2/MB for ad hoc or out-of-bundle data. That’s more than R2 000/GB. Those are the preposterous fees prepaid consumers, including the poorest South Africans, are often expected to pony up to get onto the Internet, while the wealthy minority in the suburbs — those fortunate enough to be able to buy large, discounted data bundles or uncapped services on their fixed-line connections — pay as little as a few cents per gigabyte. Something is wrong with this picture.

Data plans in South Africa actively harm poorer consumers — Data pricing in South Africa is skewed against poorer consumers

So, while the protagonists on both sides of the termination rates issue dig in for a protracted battle, it’s important we don’t forget about what else is important here. It’s time to get moving on broadband.

South Africa has made a hash of the migration to digital television, mostly because of government bungling. Digital TV may soon be the subject of another legal quagmire. That must be avoided at all costs. While the broadcasters have been sitting in their playpen, throwing sand in each other’s faces, progress on licensing access to spectrum in new frequency bands — crucial for delivering next-generation wireless broadband services — has stalled for far too long. This is an indictment on Icasa and on the department of communications.

It’s often tempting to throw one’s arms up in despair at the lack of progress South Africa has made on these fundamental issues. We need simply to follow best practice elsewhere in the world, but for some reason we want to debate every issue till we’re blue in the face and then sue the crap out of each other if we don’t like the outcome. It’s time for leadership across this sector.