By Chisomo Phiri
The High Court in Lilongwe has on Friday put on hold to a later date a ruling on a case in which Multichoice Malawi(MCM) insists the law does not require it to seek approval from Malawi Communications Regulatory Authority (MACRA) before raising subscription on DStv services.
In court, Judge William Msiska, who is presiding over the case, had since given both parties 14 days to make written submissions before his judgment on the matter.
On his part MCM’s lawyer, Wapona Kita maintained that the organization does not require MACRA’s go ahead first on DStv subscription issues since Multichoice Holdings Africa sets the tariffs.
He added that there is no evidence that the claimant adjusted the tariffs as MCM licence does not provide for that.
Said Kita: ” This is a judicial review proceeding and the duty of the court is to review the decision-making process of the determination which was made by the board of Macra.”
But MACRA’s lawyer Benard Ndau argued it is required by law that tariffs that are charged by MCM or any other, should be approved by the regulator before implementation.
MCM withdrew its DStv services in Malawi after MACRA obtained an injunction stopping it from raising the tariffs.
Later, the regulator wrote MCM demanding that it should pay K19 million in license fees in 30 days.
However, MACRA is proceeding with the case even after Information Minister Moses Kunkuyu ordered it to vacate its injunction so that the issue is sorted outside the court.
