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Private legal practitioner, Musah Ahmed, says the Minister for Communications does not have the authority to revoke the license of DStv in Ghana.
The lead counsel at Ahmed Legal Consult's comments come amid the recent ultimatum from Sam George to MultiChoice, warning that the broadcaster’s licence will be suspended by August 7, if it fails to reduce subscription prices to meet regulatory requirements.
At the Government Accountability Series on August 1, the Minister disclosed he had formally written to the National Communications Authority (NCA), instructing it to begin the suspension process should DSTV continue to ignore calls for price revision.
Speaking on NewDesk on JoyNews, Musah Ahmed emphasised the distinction between the law’s intent and the minister’s approach, noting that the law focuses on following established rules, whereas the minister is advocating from the perspective of protecting consumers.
Following the minister’s statements, Mr Musah Ahmed stepped forward to clarify the legal position. He said, “Section 13 also states the requirements to be met for revoking a license.
The law focuses on competitiveness and aligns with international best practices. It also considers the principles of a free enterprise economy and the rule of law.”
- Read also: DStv faces licence suspension by August 7 if it fails to reduce Ghana prices – Sam George warns
He added, “Importantly, the law takes into account the interests of the consumer, and the minister is speaking from the angle of the consumer. In my opinion, the minister per se does not have the power to revoke the license. However, I have read his language carefully, especially his choice of words.”
Mr Ahmed stated that while the Minister may issue directives, it is ultimately the responsibility of the NCA to act per the law.
“He says that the National Communication Authority will be instructed, I believe that is what he said, to take appropriate steps, including revoking the license if the company fails to comply. The regulator, therefore, is the National Communication Authority. The law empowers them to revoke the license under specified requirements outlined in Section 13.”
“For me, I think both the minister and the regulator must comply with the law,” he said.
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