* MACRA expects MultiChoice Malawi will comply with the High Court’s directive without any further delay
* Any person who disobeys the High Court’s order of injunction may be found guilty of Contempt of Court and liable to imprisonment
By Duncan Mlanjira
The High Court of Malawi sitting in Lilongwe has today, August 8 issued an order directing MultiChoice Malawi to comply with the order of injunction which was granted to Malawi Communications Regulatory Authority (MACRA) on July 29th restraining the digital entertainment service provider from implementing any changes or modifications to DStv services tariffs.
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A public statement from MACRA Director General, Daud Suleman reiterated that MultiChoice Malawi had sought the High Court’s intervention seeking directions on how it should comply with the said order of injunction.
“Following the High Court’s direction made today, the Authority expects that MultiChoice Malawi will comply with the High Court’s directive without any further delay,” Suleman said.
“The public is advised that any person who disobeys the High Court’s order of injunction may be found guilty of Contempt of Court and liable to imprisonment.”
Since July 29, when MACRA was granted the injunction, MultiChoice Malawi applied for a temporary stay of the injunction and when the period applied for an extension which was granted, whose hearing was today.
MACRA DG Daud Suleman
Suleman still advised DStv customers that according to the injunction it obtained on July 28, the current, unchanged, and approved DStv tariffs will apply from August 8 unless otherwise directed by the Court.
MultiChoice is arguing 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.
The country’s service provider further argued that “MultiChoice Africa BV Holdings (MAH) was 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.”
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MultiChoice further argued it was puzzled since MACRA is aware that the company does not offer DStv service — thus “forced to look to the courts for assistance”.
The service provider stresses that it is a responsible citizen that respects the rule of law and that it has 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.
MACRA as the regulator maintains that the temporary stay of the injunction is to enable MultiChoice Malawi to revert to the old DStv tariffs.
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macra why ??