The Malawi Communications Regulatory Authority (Macra) and MultiChoice Malawi have locked horns over uapproved tariff adjustments.

Macra director general Daud Suleman on Friday directed MultiChoice Malawi to stop implementing the tariffs adjusted upwards last year, claiming it is a breach of the Communications Act.

But MultiChoice Malawi corporate affairs manager Zena Makunje in a statement on Friday argued that the service provider does not set or adjust DStv prices locally.

According to Suleman, Macra board found MultiChoice Malawi to have breached Section 74 (1) of the Communications Act and Clause 11 of MultiChoice  Malawi’s Subscription Management Licence for adjusting DStv tariffs without prior approval from the authority.

He said Macra board found at its 78th meeting on December 28 2022 found MultiChoice  Malawi to have breached the Act.

Suleman: Multichoice breached the law

According to the Act, MultiChoice  Malawi is expected to seek Macra approval for any service price adjustment.

Said Suleman: “The finding was made after hearing  MultiChoice  Malawi on November 28 2022 and allowing Multichoice Malawi to make written presentations pursuant to regulation 32 (3) (e) of the Communications [Telecommunications and Broadcasting Licencing] Regulations.”

Macra subsequently directed that MultiChoice Malawi should pay K10 million within 30 days from January 6 2022, the date which the statement was issued.

Further, Macra directed that MultiChoice Malawi should credit its customers per bouquet the difference between the pre-adjustment price and the actual implemented price for the period the unapproved tariffs have been in force.

The statement also directed that MultiChoice  Malawi should submit its subscriber database to Macra and publish a notice in the local press stating that customers have been credited with the difference between the unapproved tariffs and the pre-adjustment tariffs.

Besides, Suleman in the statement said the repayment shall cover the period from July 15 2022, which is the effective date, to the date of the refund.

However, Makunje argued that the DStv service that Macra is penalising MultiChoice  Malawi for is not offered by the firm.

She said: “Multichoice Malawi does not set the price of this service or decide on any price adjustments. Multichoice Malawi merely collects the subscription for DStv on behalf of MultiChoice Africa Holdings”.

Makunje further said MultiChoice  Malawi will continue engaging Macra on the matter while seeking legal advice.

But reacting to Makunje’s justification yesterday, Suleman said the issue of MultiChoice Malawi claiming to be immune from the tariffs was already decided by the courts.

He said: “For your information, MultiChoice Malawi has been seeking approvals in the past before adjusting DStv subscription. The issue of them claiming to be immune from Macra regulation on tariff approval was already determined by the High Court in Lilongwe.”

On July 25 2022, the High Court of Malawi in Lilongwe dismissed an application for judicial review by MultiChoice Malawi against Macra on DStv tariffs.

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