Vodacom has said the pooling deal gave MTN an "unfair advantage" in network performance.
TechCentral first reported in May that Vodacom had filed an application with the high court seeking an urgent interdict to stop rival MTN from using spectrum pooling arrangements that it claimed were 'secretly" and "unlawfully" approved by Icasa in June 2022.
But in his answering affidavit to the high court in Pretoria, Ramusi - who is the second respondent in the matter, with Icasa being the first - said Vodacom's application should be struck from the roll due to a 'self-created urgency deserving of a punitive cost order".
"Normally, as soon as there is an apprehension of harm, a party that is likely to suffer prejudice or harm should approach the court. Vodacom has always been lethargic in its approach. Vodacom cannot seek an urgent court intervention after a period of two years has lapsed," said Ramusi.
Ramusi said Vodacom in its founding affidavit admitted to being aware of MTN's superior network performance "in the latter part of 2022", meaning the company had from that moment begun to suffer the alleged harm.
