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The development disrupted calls across the two networks and left thousands of subscribers in the cold.
By yesterday morning Econet and NetOne subscribers were unable to make cross-calls after Econet announced that it had cut interconnection services to NetOne.
However, Econet last night reversed its decision to terminate all interconnection services to NetOne after the latter challenged the decision at the High Court in a case brought under a certificate of urgency, our Harare Bureau reports.
Econet rescinded its drastic decision after Justice Ben Hlatshwayo had expressed his concern last night about the inconvenience suffered by the public following disconnection without a prior warning.
Both parties’ lawyers Mr Harrison Nkomo (for Econet) and Mr Collin Kuhuni (for NetOne) confirmed the latest development.
“Econet has taken a unilateral decision to reconnect NetOne considering both the negative impact on the subscribers caused by the disconnection and the unreasonable stance that NetOne took of disregarding the impact the disconnection has on the innocent subscribers,” said Mr Nkomo.
Econet accuses NetOne of defaulting payment of outstanding cumulative interconnection fees that date back to 2009.
However, NetOne hit back and said the termination of interconnection services was unlawful and threatened to lodge a formal complaint to the police and seek recourse from the courts.
In a notice yesterday, Econet said the suspension of the interconnection services was in force with effect from 23 August.
“The regrettable effect of this irresponsible decision taken by NetOne on subscribers is that no calls will be possible originating from NetOne and terminating directly onto Econet as well as calls originating from Econet and terminating directly onto NetOne,” read the notice.
NetOne issued its own public notice carried elsewhere in this issue castigating Econet for taking a unilateral decision to disrupt the communication system.
“The unilateral and unlawful action carried out by Econet to disconnect both NetOne and its own customers from calling across these two networks is not only malicious, but a blatant violation of the law pertaining to interconnection in Zimbabwe and against international best practice,” said NetOne.
“As such NetOne has made an urgent application to the High Court to compel Econet to restore interconnection services immediately as it is against the law and public policy and is a threat to national security.”
While Econet insisted that it had entered into an agreement with NetOne for domestic calls and accuses the latter of breaching the contract, NetOne said Econet has committed a criminal offence by “unlawfully and willfully impeding the transmission of communication services between customers of both networks in particular Section 91 of the Postal and Telecommunications Act Section 91 (1) (b).”
Econet said NetOne started defaulting after the introduction of the multiple currency system three years ago and as at 31 July 2012, was owed $20 412 109 excluding interest.
On the interconnection agreement, NetOne contends that after the liberalisation of the telecommunications industry such agreements were suspended by Potraz last year pending a determination on the issues by the Ministry of Transport, Communication and Infrastructural Development.
Econet further contends that NetOne has been dishonest in its dealings as it was charging high tariffs of above 20 cents per minute on cross calls yet failing to pay its dues.
At the moment NetOne is running a dollar per day promotion, which allows its subscribers to make free NetOne to NetOne calls up to midnight. The promotion started in July and ends this month.
Meanwhile, the Consumer Council of Zimbabwe (CCZ) has called on Potraz to intervene in the dispute between the two operators.
In a statement the consumer watchdog said it was concerned that subscribers had been caught in the war between Econet and NetOne, which affected both personal and business communication.
“It is self-evident that the companies involved, the regulator Potraz and Government have been seized with the attendant matters and seem to be failing to protect subscriber interests and so far they have not produced a timely resolution to the cited disputes,” read the statement.
“Indeed, extensive consultations with consumers must precede the exercise of the disconnection option by any operator either of another operator or of any class of subscribers. Consumers have the right to information and there must be a private-public partnership to ensure all people are able to communicate, and not the orchestration of circumstances to frustrate communication for dubious outcomes.”
CCZ said there was need to urgently convene a stakeholder’s consultative conference to review operations of all communication service providers and in particular telecommunica-tion network operators with a view to infusing a consumer focus ahead of the impending renewal of their licences.
The consumer watchdog said inter-connection fees should be reduced to one cent per call while a moratorium is placed on disconnection of services by any operator.
However, Econet said repeated efforts were made to engage NetOne, lawyers, Potraz, Zimra and the Government over the issue without any success.
“None of these approaches yielded any positive results,” said Econet adding, “. . . at no time during all these interactions did NetOne deny that it owes Econet and indeed made various repayment proposals that it did not honour.”
Econet said it resolved to cut the interconnection service after NetOne openly stated early this month that it was not aware of any interconnection agreement between the two.
“Econet considered this communication as repudiation of the agreement and on 17 August 2012 formally advised NetOne that it accepted the repudiation and it would withdraw all services that were being extended in terms of the agreement that it had repudiated,” read the notice.
Potraz public relations officer Mrs Sibonginkosi Muteyiwa could not comment saying she was yet to read the notice.
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