Case of DStv tariff adjustment drags on as High Court extends MultiChoice Malawi’s temporary stay of injunction

* MultiChoice Africa Holdings is unable to revert to the old DStv tariffs

* Claiming that reversing the tariffs would cause damage to its business and operations in Malawi and several other countries

By Duncan Mlanjira

MultiChoice Malawi has been granted an extension to their temporary stay of injunction against Malawi Communications Regulatory Authority (MACRA) that was issued on July 31 for a period of 4 days that expired on Friday, August 4.

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The extension is up to Monday, August 7 for the Court’s determination of the interim injunction it had earlier made on July 28, which restrained Multichoice Malawi from making any changes or modifications to DStv tariffs.

Meanwhile, MACRA Director General, Daud Suleman advises DStv customers that according to the injunction it obtained on July 28, “the current, unchanged, and approved DStv tariffs will apply from 8th August 2023 unless otherwise directed by the Court”.

“The temporary stay was for 4 days from 31st July 2023 to 3rd August 2023 to enable MultiChoice Malawi (MCM) to correct its systems and revert to and apply the old (existing) DTSV tariffs.

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“On 4th August 2023, the Malawi Communications Regulatory Authority was served with yet another order from the High Court extending the temporary stay of injunction to Monday, 7th August 2023.

“The extension was made following an application by MCM to the Court in which, MACRA understands, MCM argued that its principal, MultiChoice Africa BV Holdings (MAH) is unable to revert to the old DStv tariffs, claiming that reversing the tariffs would cause damage to MAH’s business and operations in Malawi and several other countries.”

When MultiChoice Malawi was granted the temporary stay of injunction it issued a public notice that it does not offer DStv service and therefore does not set or adjust the tariffs as the company is not an agent for MultiChoice Africa Holdings — the provider of the DStv service.

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MultiChoice said it was puzzled since MACRA is aware that the company does not offer DStv service but MultiChoice Africa Holdings, who had already effected the price increase on their systems.

Thus MultiChoice said it was “forced to look to the courts for assistance” which has been granted in Lilongwe while also stressing that it is a responsible citizen that respects the rule of law.

The service provider argued that it had applied and received approval from MACRA for adjustments to the GOtv tariff as it provides such service to the public and sets the tariff for that service.

But in response, MACRA advised the public to wait until Thursday, August 3 before to paying the DStv subscription fees and that those paying between July 28 and August 3 were advised to pay the old DStv subscription tariffs.

The regulator maintained that the temporary stay of the injunction is to enable MultiChoice Malawi to revert to the old DStv tariffs.

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