That section 2(2) of the Posts and Telecommunications Act, of 1992 ‘the Act’ be declared unconstitutional.ģ. That the applicant’s non-compliance with the rules of court be condoned and that this matter be heard as envisaged in Rule 6(12).Ģ. In instituting its application, MWeb Namibia (Pty) (hereafter “MWeb”), made the following substantive prayers, viz: In doing so, I may give little or no attention to other matters raised in the appeal papers which I may consider to fall outside the scope of the two issues. I shall deal, and only concern myself, with the said issues and will do so consecutively as laid out by the appellant. “ This appeal concerns two distinct issues Firstly the unconstitutionality of section 2(2) of the Posts and Telecommunications Act 1992 ‘the Telecom Act’, which does not only prohibit the appellant ‘MWeb’ from providing telecommunication services without a licence, but indeed enforces it by criminalizing such conduct Secondly, it concerns the unlawful and unconstitutional conduct (of) Telecom as an organ of State.” The scope of this appeal has been defined in the appellant’s own heads of argument in which the following has been stated at the very outset: The third respondent never participated in the proceedings. Gregan also deposed to the replying affidavit. It suffices to state that two persons swore affidavits confirmatory of Mr Klein’s deposition. Akwaake was the Permanent Secretary in the Ministry of Works, Transport and Communication. Klein was the first respondent’s General Manager, Corporate Strategy, while Mr. Theodorus Gerhardus Klein on behalf of the first respondent and the second by Mr.Elia Akwaake on behalf of the second, fourth and fifth responents. There were two answering affidavits the first of which was sworn by Mr. Marc Christopher Gregan, its General Manager, who was the sole witness and author of the founding affidavit.

As is usual in such litigation, all the evidence in the original proceedings was adduced by way of affidavits which were deposed to, in the case of the applicant, by Mr.

This appeal judgment is a sequel to an application commenced in the Court a quo by way of notice of motion, and the consequential proceedings terminated unfavourably to the appellant, as the applicant in that Court, thereby triggering appeal proceedings in this Court. OF NAMIBIA ….FIFTH RESPONDENTĬoram Shivute CJ, Strydom AJA et Chomba AJA THE MINISTER OF TRADE AND INDUSTRY ….FOURTH RESPONDENT THE NAMIBIAN COMMUNICATIONS COMMISSION ….THIRD RESPONDENT TELECOM NAMIBIA LIMITED ….FIRST RESPONDENTĬOMMUNICATION ….SECOND RESPONDENT

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