In June, Kevin Davie lodged a complaint with the Gauteng Consumer Affairs court. Davie claims Telkom owes him R1 270 it overcharged on his private telephone account and he wants his money back.
He was not happy when the Independent Communications Authority of SA (ICASA) settled a court case with Telkom on the tariffs it has charged since January. ICASA said the increased rates were unlawful and a consumer rip-off. Davie agreed, but when the parties reached a settlement, he felt cheated.
The complaint was more than a symbolic gesture, with Davie believing the law was on his side and at least one lawyer agreeing he had a chance of a refund. If he does succeed, it could set a precedent which will see each of Telkom`s millions of customers demanding a similar payment.
However, Davie says the provincial consumer protector sent his complaint to ICASA, saying the regulator was the correct forum for such matters. This leaves him back at square one, as ICASA considers the tariff issue closed.
"My concern is that ICASA is not truly independent because it was a party to that agreement," he says. "Who regulates ICASA? If ICASA messed up there, who holds them accountable?"
He has conveyed these points to the Gauteng consumer protector, also asking for a clear indication in law that telecommunications issues must be referred to ICASA.
Meanwhile, he plans to turn to the national public protector, the public office he considers best suited to complaints about organs of state.
"I believe in terms of the constitution these bodies need some review," he says.
The settlement between Telkom and ICASA included no provision for a refund to consumers. Instead Telkom promised to give up R320 million during the next two years over and above making sure future increases make up for what it is charging extra this year, negating the increases over a longer period of time.
Davie argues that this allows the company to charge years in advance and that the increases this year amount to an "IPO levy", a tax imposed to make Telkom more attractive when it is publicly listed next year.
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