The High Court seating in Lilongwe on Thursday granted MultiChoice Malawi (MCM) an injunction restraining the Malawi Communications Regulatory Authority (Macra) from taking any action against the company and its employees.
Dated September 11, 2023, the order restrains the Authority from taking any action against the top management of MultiChoice Malawi until the judicial review case which is currently in court is determined.
On September 9, Macra wrote MCM and MultiChoice Africa Holdings (MAH) that it will take legal action against their directors, management, and staff if they continue to violate the country’s space.
“As the regulatory authority, the Malawi Communications Regulatory Authority (MACRA), would like to emphasize our commitment to upholding the rule of law and enforcing the provisions of the Communications Act entrusted to us.
“In light of the DSTV service withdrawal, which is in full effect and the failure by Multichoice Malawi to communicate with us regarding your next steps towards fulfilling your SMS license, which has been impacted by the withdrawal of DSTV services in Malawi, as requested on 11th August 2023, you are advised that the voluntary revocation is acknowledged effective 11 September 2023; any broadcasting without an applicable license issued by the Authority is an offence under Section 187 of the Communications Act.
“The Authority will closely monitor the situation and act appropriately within our regulatory framework against the MCM and MAH directors, management, and staff. The Authority’s goal remains to ensure a fair and transparent communication sector that protects consumer interests,” reads part of the letter signed by Macra director general Daudi Suleman.
On the MCM injunction, Suleman told the Nation Online that currently DSTV signals are landing in Malawi illegally and the move by MultiChoice Malawi is to prevent them from taking action on the same.
“Use of spectrum without a license is a serious offence under the Communications Act. Our legal team will contest this and regulatory enforcement will take place against any illegal operator as per law and regulation,” said Suleman.
