The Independent Communications Authority of South Africa (Icasa) is appealing the decision of the Pretoria High Court to halt the spectrum licensing, which was due to start on March 31; however, the authority remains open to discussions.
In a statement, Icasa said it had considered the detailed reasons for judgment in respect of the interdict granted to Telkom and e.tv over the invitations to apply (ITAs) for the International Mobile Telecommunications spectrum and the Wireless Open Access Network (Woan) which were issued on October 2.
The authority, which has suspended all processes relating to the licensing of high demand spectrum and the Woan pending the outcome of the court processes, resolved to pursue an expedited appeal, which may include directly petitioning the Constitutional Court.
“We are of the view, and have been accordingly advised, that there are good grounds for an appeal on this particular matter,” said Icasa chairperson Dr Keabetswe Modimoeng.
While Icasa is not entering into any mediation process, it remains open to explore settlement discussions with the parties that deposed affidavits in court.
“The authority is mindful that the legal process may not be the only option to resolve the matter. As such, the authority is also exploring entering into settlement discussions with active litigants in this matter while the legal processes are unfolding.”
Icasa reaffirmed its view that it is important to license the spectrum and that all avenues must be pursued to avoid further delays in the process.