The Minister of Communications, Ivy Matsepe-Casaburri, has been denied leave to appeal against an earlier court verdict in favour of Altech Autopage, giving it and other VANS the right to self-provide.
Acting Judge N Davis heard the application for leave to appeal arguments from the Minister and the opposing arguments from Altech on Thursday 30 October 2008 and, on Friday 31 October, delivered his decision that the Minister's application for leave to appeal would be refused on all points, with costs.
The appeal was against the high court's finding on 29 August that Altech Autopage would be allowed to provide its own network and receive a full telecommunications licence.
ICASA (Independent Communications Authority) decided not to appeal the judgement and began preparations to issue Altech's licence, along with other applicants' licences.
The Minister, however, opted to appeal and threatened to change the law to prevent this scenario happening again.
Craig Venter, CEO of Altech, comments: "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."