MultiChoice has been providing pay television or subscription television services in Botswana for years, and one of the major complaints from locals has been their frequent price increase. MultiChoice mostly increases prices annually. The judgment does not any way say that MultiChoice should not increase its subscription prices in Botswana, it simply says, the increase should be regulated.
While MultiChoice does not seem to want to be regulated in terms of its pricing, it was necessary for BOCRA to enforce the clause being challenged, as it is important that they (BOCRA) treat all who fall under them fairly without favouritism. The clause, which MultiChoice was challenging, is Clause 13 of the licence BOCRA granted MultiChoice Botswana allowing it to operate as a subscription manager in Botswana. The clause stipulates that MultiChoice is required to secure BOCRA’s approval for traffic adjustments in Botswana. The clause is self-explanatory and does not in any way suggest that the Paytv service provider should never increase prices, but it should do so in a reasonable manner.
