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In terms of section 37(2)(b) of the Telecommunications Act 1996, as read with section 27(9), South African Telecommunications Regulatory Authority (SATRA) now known as the Independent Communications Authority of South Africa (ICASA) hereafter referred to as the "Authority", was required to conduct an enquiry, within two years after the commencement of the Act, into the economic feasibility of the provision of more than two mobile cellular telecommunication services and to make known its finding by notice in the Government Gazette.

In accordance with the requirements of section 37 of the Act, the Authority conducted the above-mentioned enquiry and published its findings by notice in Government Gazette No.19115 0f 31 July 1998.

The Notice stated that the Authority found and thereafter recommended to the Minister of Communications that it was economically feasible to provide two mobile cellular telecommunication services.

Further to a Cabinet decision the Minister published a notice in Government Gazette No. 19806, inviting applications for one mobile cellular telecommunication service licence.

The invitation to apply issued on 26 February 1999, required all applicants to submit their bids to the Authority by 14 June 1999.

The Authority considered submitted bids from the following parties for recommendation:

* Africa Speaks (Proprietary) Limited,
* Cell C (Proprietary) Limited,
* Five Mobile Networks,
* Kelgela Investments (Proprietary) Limited
* Khuluma 084 Cellular,
* Nextcom Cellular (Proprietary) Limited,
* Telenor/Telia Consortium

The Authority in terms of the Act forwarded the final recommendation for the grant of the third cellular mobile telecommunication licence to me.

As required by section 35 of the Act, I have considered the recommendation submitted to me.

In terms of section 35 read with section 36 of the Act, I hereby conditionally grant the third mobile cellular telecommunication licence to Cell C.

Further, the grant of the licence to Cell C is subject to the conditions as set out by the Authority in its recommendation of 4th July 2000.

I know that there is an application for judicial review. I have filed my affidavit in reply.

There was a previous application for an interim interdict that was duly granted. I sought leave to appeal to the Constitutional Court.

Prior to the determination of my application Nextcom abandoned the interdict.

Therefore I am at liberty to make this decision and do so now in terms of my public law duty.

Issued by Ministry of Communications

16 February 2001