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Kavindele’s interpretation of injunction will affect national security – CAZ

Kavindele’s interpretation of injunction will affect national security – CAZ
Written by Maluba Jere and Jane Mwakasungula
Tuesday, August 11, 2009 5:27:45 PM

The Communications Authority of Zambia (CAZ) yesterday said former Republican vice-president Enoch Kavindele’s interpretation of the injunction granted to him over the registration of a fourth mobile phone company will affect national security.

On Sunday, Kavindele - who is Vodacom Zambia Limited chairman - said government’s intended sale of 75 per cent shares in Zamtel to an equity partner as announced by President Rupiah Banda will not take place as doing so would be illegal.

Kavindele also threatened to commence contempt of court proceedings against Zain Zambia Plc over the third generation (3G) license awarded to the company as announced last week.

But CAZ public relations and consumer affairs acting director Ngabo Nankonde yesterday said they did not understand Kavindele’s intention because the matter at hand was the fourth mobile license which had nothing to do with other licenses and spectrum that were not fourth mobile related.

“In view of the above, Mr. Kavindele’s interpretation would have adverse effect on not only the economy but also the social and security aspect of the nation,” Nankonde said.

“Mr. Kavindele seems to suggest that the injunction granted to him restrains the Authority from issuing or renewing any licenses [including radio spectrum licences] as well as those which are not fourth mobile related until discharge of the said injunction. The above interpretation would also among other things affect, telephone communication, internet banking via the mobile phone leading to stagnation of the national economy and retardation of national development.”

Nankonde said the authorisation for the Zain Zambia Limited trial tests was not in contravention of the injunction granted to Kavindele. She said that the authorisation given to Zain was issued long before the said injunction.

Nankonde said that in line with the powers conferred on it in section 6(1) (4) of the Radiocommunications Act, it issued a test authorisation to Zain to conduct trials for 3G services in Zambia.

She explained that the authorisation issued was principally for the purposes of establishing among other things, the usability of the technology in Zambia, adding that the said trials would be conducted at no commercial value.

She also said the interpretation of the injunction on the licensing work of the Authority implied that in terms of broadcasting, the final migration of FM broadcasting band replanning would not take place.

Kavindele has threatened to commence contempt of court proceedings against Zain Zambia Plc over the 3G license awarded to the company as announced last week.

During a press briefing in Lusaka, Kavindele said Vodacom Zambia Limited had instructed its lawyers to commence legal proceedings to halt the planned sale of three-quarters of the country's largest Information Communication Technology (ICT) company.

Kavindele, said the injunction granted to Vodacom Zambia Limited by High Court judge Philip Musonda in October last year prohibits the entry of a new cellular telecommunication operator by way of merger, acquisition, investment, divesture and or buy-out of the existing mobile telecommunication providers until the final determination of the case in the Supreme Court.

He said the people in authority were tearing apart the rule of law they swore to uphold and defend through the proposed sale of 75 per cent shares of Zamtel as announced by President Rupiah Banda.

And former transport and communications minister William Harrington has questioned the legality of selling 75 per cent shares of Zamtel when the controversy over its valuation had not yet been cleared.

In an interview, Harrington questioned government on the basis of the privatisation when the Memorandum of Understanding (MoU) between ministry of communications and RP Capital was filled with illegalities.

“I have been at pains to comment on the merits and demerits of government’s decision to partially privatise 75 per cent of Zamtel. On what basis is the 75 per cent sale of shares determined if the MoU is pregnant with illegalities?” Harrington asked.

“The Dennis Chirwa tribunal established a clear breach of the law in the manner RP Capital was contracted. I do not want to speculate on the relationship between Rupiah (President Banda) and former communications and transport minister (Dora Siliya) or between President Banda’s sons and Dora on the engagement of RP Capital as the evaluators. But what has been clearly established by the tribunal is that one of President Banda's sons was involved in the deal.”

Labels: CAZ, DENNIS CHIRWA, ENOCH KAVINDELE, RP CAPITAL PARTNERS, VODACOM

posted by MrK @ 4:28 PM