The Minister of Communications, Dr Ivy Matsepe-Casaburri's, application for Leave to Appeal against the August 29 Altech Autopage Cellular judgement, has been successfully opposed, telecommunications technology company Altech has reported.

Altech on Friday reported that acting judge Norman Davis had heard the arguments from the Minister and the opposing arguments from Altech on October 30 and October 31.

"[He] delivered his decision that the Minister's application for Leave to Appeal would be refused on all points, with costs," the company stated.

Matsepe-Casaburri in September announced that the government would appeal the High Court's August 29 judgement that Altech Autopage Cellular had the right to convert its value-added network service licence into an individual electronic communications network service (I-ECNS) licence.

This would allow Altech Autopage Cellular to develop and operate its own communications network.

The Minister's appeal had been widely criticised by other telecommunications providers and service providers, as well as political parties.

"This is a powerful affirmation of our original court victory, and indicates that there is little prospect of any other court coming to a different conclusion. This brings Altech, the industry and the consumer within touching distance of a level playing field and fair market competition," said Altech CEO Craig Venter.

Spokesperson for the Department of Communications, Joe Makhafola, told Engineering News Online that the department was "thoroughly studying the judgement" and would only comment after it was done with this process.

The Independent Communications Authority of South Africa (Icasa) could not immediately be reached for comment.

Icasa spokesperson Sekgoela Sekgoela in October said that the authority would not appeal the August 29 judgement and would await the outcome of the Minister's appeal before making any further decisions regarding the issuing of I-ECNS licences.

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