In 2018, the Independent Communications Authority of South Africa (“ICASA”) initiated the Mobile Broadband Services Market Inquiry (“MBSI”). The MBSI ultimately culminated in a set of regulations, published in March 2022 (and later amended in July 2024). MTN South Africa elected to take the regulations on review under the Promotion of Administrative Justice Act (“PAJA”), seeking an order for certain provisions to be set aside and declared invalid. The High Court handed down its decision on 19 September 2025.
In its judgement, the High Court recognised both procedural and substantive issues. On the procedural front, it found that key submissions from stakeholders were not properly addressed by ICASA in its reasons document, and that ICASA set the final guidelines without adequately seeking or accounting for comments on its final findings. In regard to the substance, the High Court acknowledged the importance of, and described the correct approaches to, defining relevant markets, and determining the existence of substantial market power. It also considered that ICASA’s market definition and market power findings were not well calibrated, nor adequately founded.
An RBB team consisting of Patrick Smith
Patrick SmithPartner, Simon Lee
Simon LeeAssociate Principal, Lauren Antrobus
Lauren AntrobusSenior Associate and Daniela Lamparelli
Daniela LamparelliSenior Associate was instructed by Webber Wentzel, attorneys to MTN South Africa, and provided analysis and advice throughout the course of the MBSI, and then provided expert witness evidence during the subsequent litigation.
