/ 11 September 2000

TELKOM WINS VANS CASE

AN urgent application made by Skyway Management to compel Telkom to resume the provision of telecommunication services to Skyway has been rejected with costs by the Pretoria High Court. This followed Telkom’s termination of its services to Skyway on the grounds that Skyway offered voice services via its data network. In terms of telecommunications legislation and Telkom’s licence conditions, the provision of these services was illegal as they can only be provided by Telkom. Skyway brought an urgent application to the Pretoria High Court requesting that the court decide to reactivate the services. However, the court rejected the application and found that Skyway does not have a prima facie right to interim relief. Skyway’s operations were declared illegal and it was found that Telkom had acted within its rights.