Mobile telecommunication provider, TNM, lost again a case against the Malawi Communications Regulatory Authority (Macra) after a High Court in Zomba dismissed its application for judicial review on the use of Consolidated ICT Regulatory Management System (Cirms) machine.
TNM wanted the High Court to grant order for judicial review on the matter, well after the Supreme Court of Appeal allowed Macra last September to proceed and use Cirms to monitor telecommunication operators.
High Court judge Redson Kapindu in his ruling dated March 29 said the Supreme Court position was final and he did not see any reason for granting an order for judicial review on a matter already settled expressly by the Supreme Court.
Kapindu said: “It is effectively a settled legal matter. It cannot and should not be re-opened in this case.
“Any adjudicative issues brought before the court for purposes of re-establishing whether Macra can legally proceed to implement the Cirms project, or indeed whether a legal framework for such implementation exists, would be moot and at worst, an abuse of the court process in view of the Supreme court’s decision.”
TNM had argued that there were legal uncertainties that were outstanding regardless the Supreme Court’s decision and wanted to be heard.
When the matter was in the Supreme Court, Macra had argued that the monitoring system was going to enable them to be updated on quality of service which the mobile phone operators offer, revenue assurance, fraud and spectrum management.
The court had ruled that the use of the machine was constitutional.