Tossing and tussling among MultiChoice Africa Holdings, Multichoice Malawi and Malawi Communications Regulatory Authority (Macra) over the resumption of DStv services in Malawi continues both in court and outside the judicial chambers.
Monday, the issue reached its climax and it all started with a statement from Multichoice Africa Holdings, which indicated that it will not resume offering DStv services in Malawi until the court issue on the matter is concluded.
Multichoice Africa Holdings is seeking the court’s direction on whether it should be seeking approval from Macra before adjusting tariffs.
The statement was the opposite of the one Macra made last week, when it said it held a meeting with MultiChoice at which they reportedly agreed that the service provider would resume offering DStv services by Friday last week, something that did not materialise.
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Then came communication from Macra, signed by its director general Daud Suleman, to MultiChoice Malawi, indicating that the authority has approved both June and July 2023 tariff increase applications for implementation.
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In the communication, Macra reminds DStv owners to notify all its customers of the subscription fee changes before implementation, adding that the decision is made without prejudice to the “negotiations and/or litigation”.
“Now that the said tariffs have been submitted to and considered by the authority, the authority expects DStv service in Malawi to resume,” the communication reads.
In a twist of events, The Daily Times has leant that MultiChoice Malawi, through holding company Raise 1996 (Private) Limited, obtained an injunction against Macra, restraining Macra from taking action against it, its directors, management, employees or staff.
According to sworn statements by Raise 1996 (Private) Limited Regulatory Manager Christopher Chibwana, which The Daily Times has seen, the injunction has been sought after Macra threatened to, any day from Monday, take criminal proceedings against MultiChoice Malawi, its directors, management, staff or employees if it does not stop operating in Malawi by Monday.
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On Saturday last week, Macra communicated to MultiChoice Malawi that it should cease operating in Malawi because, by suspending collection of DStv subscription fees following MultiChoice Africa Holdings’ withdrawal of DStv services, it voluntarily revoked its SMS License for subscription fee collection on DStv services.
The regulator said, therefore, that it has no licence to operate and continuing with operations will be an infringement of Section 187 of the Communications Act.
“The claimant is surprised by this move because it has been the claimant’s case throughout these judicial review proceedings that it does not provide or broadcast the DStv service and it has no licence to provide or broadcast the DStv service,” the statement reads.
Multichoice Malawi’s arguments were that it did not provide DStv services, did not revoke its businesses licences or the SMS license for subscription fee collection and that the move would prejudice the judicial review case, rendering it useless, among other arguments.
Following the application, High Court Judge William Yakuwawa Msiska granted MultiChoice Malawi the injunction until the final determination of the matter in court.
Macra Director General Daud Suleman was not immediately available for a comment on their next course of action.
Currently, there is a judicial review case in court awaiting judgement where MultiChoice wants the court to interpret the law on whether or not MultiChoice Africa Holdings should be seeking approval from Macra before adjusting DStv tariffs.
The move followed Macra’s decision to stop MultiChoice Africa Holdings from adjusting tariffs without its approval.
Malawians are currently not enjoying DStv services after MultiChoice Africa Holdings withdrew the services until the judicial review is completed.
