Lawyer Richard Metcalfe says Starlink can still challenge Cran’s rejection of its licence application in the High Court through review proceedings and condonation.
Starlink’s application for reconsideration was dismissed for being filed late.
Condonation is asking a court for permission to file documents late after missing a legal deadline.
“The matter can be taken on review to the High Court, where condonation can be sought for bringing the application late,” Metcalfe says.
He says condonation is not granted automatically.
“Starlink must, however, have proper grounds for such a condonation application to be granted,” he says.
On Monday, the Communications Regulatory Authority of Namibia (Cran) dismissed Starlink’s application for reconsideration after finding that it was submitted after the 30-day deadline.
The regulator had rejected Starlink’s licence application on 23 March. Starlink then submitted its request for reconsideration on 8 June.
Cran chief executive Emilia Nghikembua says the authority has now completed the reconsideration process provided for under the Communications Act and that any dissatisfied parties can approach the High Court.
The regulator also received 624 reconsideration requests from members of the public. Of those, 622 were dismissed because they did not meet the legal requirements. Only two applications met the requirements and were considered on their merits.
Cran further declined to consider a petition signed by about 5 000 people because it was submitted on 17 June, after the deadline for reconsideration had passed.
Independent Patriots for Change shadow minister of information and communication technology John-Louw Mouton says all parties should respect the law and follow the correct legal processes if they disagree with Cran’s decision.
“We need to follow the rule of law. If Cran applied the law correctly in the application, then they have done their work,” he says.
Mouton says any party dissatisfied with the regulator’s decision should seek recourse through the courts.
“If Starlink disagrees, they must seek recourse and follow the correct legal procedure,” he says.
