23 August 2000
Pretoria - Communications Minister, Dr Ivy Matsepe-Casaburri, has noted concerns raised by some sections of the telecommunications industry following her initial move to ultimately lodge a formal application for leave to appeal to the Constitutional Court against last month's decision by the Pretoria High Court which interdicted her from deciding to grant the country's third cellular licence.
The Minister wishes to clarify any misconceptions. At this juncture she is merely seeking the judge's certificate in order to bring an application for leave to appeal to the Constitutional Court.
Dr Matsepe-Casaburri: "This initial step is not intended to impact on the review proceedings pending before the High Court. The formal application that has been brought in is - I emphasise - for the judge's certificate to take the matter forward to the Constitutional Court. Contingent upon obtaining the judge's certificate, we will then proceed with the application to the Constitutional Court for leave to appeal in terms of Rule 18 of the Rules of the Constitutional Court against the decision handed down by Mr Justice NJ Coetzee on July 28th 2000."
The Minister added: "The judge's decision needs to be considered - in my opinion - in the highest court in the land, since there are far reaching constitutional issues that go beyond the present matter of determining the third cellular licence."
ISSUED: BRIAN SOKUTU Ministry Spokesperson Cell: 083-327-3229