The Independent Communications Authority of South Africa (ICASA) has considered the notification brought to it by Cell C Ltd (herein referred to as Cell C) in respect of changes in their shareholding structure pursuant to the conclusion of the recapitalisation transaction and found that there is no basis for ICASA to reject the notification as filed. The notification complies with the provisions of regulation 2(1)(c) of Schedules 2 and 3 of the Regulations on Standard Terms and Conditions for Individual Licences (2010 as amended), read with regulation 14(A)(2)(c) of the Regulations on Processes and Procedures for Individual Licences (2010 as amended).
Since receiving the notification on or about 12 August 2017, ICASA has had engagements with Cell C on the matter, and considered all information (including agreements) submitted by Cell C in respect of the recapitalisation transaction.
In coming to its decision on Cell C’s notification of the recapitalisation transaction, ICASA also considered representations made by CellSaf (Pty) Ltd, insofar as the notification of change of shareholding by Cell C has a direct and material impact on the complaint lodged by CellSaf with the Authority in relation to the transaction. ICASA further sought external legal advice on the key regulatory and legal questions pertinent to the matter.
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