NICTA EXTENDS SIM REGISTRATION DEADLINE FOR RURAL AREAS.

by BRYAN KRAMER

Yesterday the CEO of NICTA (National Information Communication Authority) Charles Punaha staged an eleventh hour press conference to announce that SIM registration for those living rural ares in PNG has been extended to April 2019.

While those living in urban centers who have yet to register their phone will be subjected to SIM deactivation by midnight tonight

A week earlier CEO announced that there would be no extension to the deadline, a position also confirmed by the Minister of Communications Sam Basil on the floor of Parliament last Thursday.

So why the last minute change in decision?

Well what the CEO failed to note during his press conference was I had filed class action in the National Court of Madang challenging the manner in which mobile companies and NICTA were imposing SIM registration on those living in rural and remote communities through PNG - without having regard to the burden of cost and constraints to travel to town, and their inability to have proper identification cards to register.

Further that these requirements in the circumstances in PNG are harsh and oppressive, violating their human rights under Section 57 of Constitution.

I also filed an application asking the Court to grant (give) an interim stay (stop order) against Mobile Companies from deactivating mobile users in Madang as well as throughout PNG until the Court first deals with substantive (main) issue.

The application was listed to be heard this morning at 11am at Waigani National Court. It appears in response NICTA CEO staged press conference yesterday to announce the deadline for SIM registration would be extended for those living rural parts of parties.

His lawyers wrote to my lawyer in the following terms:

"We consider this action taken by our client (NICTA) renders your application for urgent interim orders nugatory and we urge that this application be withdrawn at the very least, if not deferred to another date for parties to properly put all the evidenary material before the court for hearing.

"Nevertheless, we are also of the same view that this proceeding should be withdrawn for the same reasons."

"We believe this further time extension to register sim card from users located in rural areas is sufficient."

So for the record it appears the only reason NICTA boss extended the deadline for those residing in rural parts of PNG was to defeat my application seeking interim stay against them.

I considered their request to withdraw my application taking into account I could no longer rely on the argument that those residing in rural parts of PNG be greatly affected.

This morning at the hearing I instructed my lawyer seek an adjournment (deferral) and that the Court grant an interim stay until parties can be clear about the implications of NICTA's announcement - in that what would constitute (define) a urban and rural area. NICTA lawyers Tiffany Twivey opposed any interim orders on account NICTA had extended deadline for those who reside in rural areas.

The judge then stated that if parties could not agree he would hear the application now. The application was moved (argued) and after considering the arguments he refused to grant interim stay - the reason behind his decision I will explain in a later article.

In the end my application achieved one important outcome that NICTA responded by extending the deadline for those in rural parts of PNG until April 2019.

The substantive (main) proceedings are still on foot (on going) and will be determined in Madang. As the substantive matter is yet to be heard and determined by the Court I won't comment on the merits of the case. However I can comment on ruling relating to the application that has already been determined (decided) - so as to provide an insight into reasons behind granting interim stay orders or refusing them.

So does this mean if you haven't registered your SIM and reside in urban centers that your SIM will be deactivated at midnight tonight?

Short answer is No - deactivation does not just mean turning off everyone's SIM at the same time. It involves mobile companies to first vet (check) and then select individual users to who will be list for deactivation. Some may be deactivated tonight while the majority will be over a period of time.

Right now I'm in discussion with my lawyers to consider whether to initiate class action against NICTA and STATE for damages suffered by those living in urban centers, who have not been able to register due to constraints in obtaining an official ID or any cost incurred in the process of registering their SIM and have NICTA compensate them for it.

I will keep you posted on whether or not I decide to proceed with such an action.