Did Telkom managed to ‘slip the net’ because of shortcomings in ICASA’s ADSL Regulations?

Yes, it seems to be the case.

It is no secret that various industry experts have criticised ICASA’s ADSL Regulations in terms of clarity and enforceability. This left the door wide open for various interpretations and afforded Telkom the opportunity to get the complaint against them dismissed based on the fact that Mr Cleghorn “…no longer supports the interpretation he originally gave to regulation 3.4 and now supports Mr Maritz's [Telkom’s] interpretation” (ICASA rules in Telkom’s favour, MyBroadband, 11 December 2007).

What is outright strange to us and others is the fact that the complaint was dismissed despite Cleghorn’s request to call witnesses to testify that Telkom has indeed capped local bandwidth usage.

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