Minister of Information Moses Kunkuyu has asked the Malawi Communications Regulatory Authority (Macra) to vacate the injunction that was obtained against MultiChoice Malawi (MCM).
In a letter from the Ministry of Information, dated August 23 2023, which Kunkuyu has addressed to Macra Board Chairperson Stanley Khaila, he says while the government appreciates the independence of the regulatory body, it has become necessary for Macra to seek direction from the ministry.
“The ministry is of the view that a situation has arisen, as provided for under the [Communications] Act, where it has become necessary for Macra to seek general directions of the minister in the manner in which it is to carry out its duties under the Act,” the letter reads.
Kunkuyu confirmed issuing the order but refused to divulge more details on the matter, arguing that it is an order to Macra.
“It is an order to Macra and we expect Macra to respect the order,” he said.
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The letter further says following a legal confrontational approach on the matter may culminate in negative socio-economic consequences.
The letter advocates dialogue.
“I, therefore, direct Macra to take immediate steps to restore the status quo prior to the time when it obtained injunctive relief so that efforts to resolve the matter can take place in earnest and outside the yoke of litigation. For the avoidance of doubt, the steps I am directing Macra to take to restore the pre-injunction status quo include vacating the injunction,” it reads.
Commenting on the matter, Consumers Association of Malawi Executive Director John Kapito has commended the government for the move.
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“We had written a statement on this and we said the action by Macra was, to some extent, excessive and the Minister of Information heard and agreed with us on this. We are happy that they have resolved to remove that injunction. That will be a big relief,” he said.
When contacted, Macra Director General Daud Suleman said he had no comment to make.
Commenting on the development, MultiChoice Africa Holdings Group Executive (Corporate Affairs and Stakeholder Relations) Keabetswe Modimoeng said they appreciate the attempts to resolve the matter.
“We appreciate attempts to resolve the matter as we continue engagements with the Government of Malawi. We will also be guided by the outcome of legal proceedings between MultiChoice Malawi and Macra in a matter set down for hearing Friday [today], “ he said.
Earlier this month, MultiChoice Africa Holdings (MAH) B.V announced the withdrawal of its DStv services from Malawi with immediate effect, bringing to an abrupt end over 30 years of romance between Malawians and the pay television platform.
The decision followed the ruling by the High Court in Lilongwe where it issued an injunction— in the matter between MCM and Macra — that effectively prohibited adjustments to DStv tariffs.
