High Court grants Telecel provisional order to continue operating

By Tererai Karimakwenda
16 August, 2007

Zimbabweans who use the Telecel mobile phone network can breathe a sigh of relief for now, after the company was granted temporary relief by the High Court in Harare on Wednesday. This means Telecel Zimbabwe, whose license was cancelled by the Postal and Telecommunications Regulatory Authority (Potraz) last week, can continue operating. This is pending further determination by the Minister of Transport and Communications.

The Regulatory Authority had cancelled the license claiming the company’s structure was too heavily weighed in favour of foreigners. Businessman James Makamba and Jane Mutasa bought the disputed shares and advised the Authority, but the cancellation had gone ahead regardless.

Telecel filed an urgent application to reverse the decision citing Potraz Transport and Communications Minister Christopher Mushohwe and Attorney General Sobusa Gula-Ndebele as respondents. The High court decision was made by Justice Joseph Musakwa. It allows the company to do business as usual until a decision on the appeal is made by Minister Mushohwe.

The opposition MP for St Mary’s, Job Sikhala, last week said Leo Mugabe could be behind the move, using his connections to his uncle Robert Mugabe. Sikhala and Leo Mugabe are both on the parliamentary Portfolio Committee on Transport and Communications. Sikhala said the other explanation for Telecel’s problems may be the fact that shareholder James Makamba fell out with ZANU-PF. He said taking overTelecel or ruining them would be a way to get back at him. Makamba now lives in the U.K.