Commercial Court Division
What is Gemtel?
According to GOSS in their letter referenced M.T. x PS/GOSS/A-05/06 of 24th April,
2006 (Exhibit P.5), M/S Gemtel Ltd is “… a licensed Telecommunication operator in
Southern Sudan …” . It would appear that M/S Gemtel Ltd is not a state run company
but rather a private telecommunications operator (based in, yei, Southern Sudan
according to the letter) whose chairman/CEO is called Mr. Augustus Mulenga.
Could Gemtel use Uganda’s country code?
This question is at the heart of the dispute. Having found that Gemtel is a private
telecommunication operator in Southern Sudan, it is important to note that the
request by GOSS to the Government of Uganda was for Gemtel to use Uganda’s
country code +256. This in my view is different from GOSS asking Uganda to use its
country code. Exhibit P.5 was clear it reads
“… we would like to request you to authorize the appropriate authorities
to allow Gemtel to use the Uganda country code (+256) in the interim
for provision of our services in Southern Sudan …”
The same letter states earlier
“… Southern Sudan is in the process of procuring an assignment of
telecommunications
country
code
from
the
International
Telecommunications Union (ITU). In the meantime however, Gemtel is
ready to launch services but lacks a country code …”
The communication industry in Uganda is regulated by the Uganda Communications
Act (Cap. 106 “UCA”). The parties to the dispute are all agreed on this point. Unless
exempted
under
Section
25
of
The
UCA,
no
person
shall
establish
a
telecommunications station, provide such services and or contract, maintain or
operate telecommunications apparatus. The Minister under Section 33 of the UCA
HCT - 00 - CC - CS- 297- 2008
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