15 HH 29-2007 HC 1786/06 issued as a result of its order. When the Minister failed to comply with the order by the Supreme Court within the time frame set in the order, the applicant then approached the High Court and sought an order that it be deemed to have been licenced in accordance with the order of the Supreme Court. This in effect is the relief granted by SANDURA JP as he then was in the Enhanced Communications Networks‟ case. Although the decision by the Supreme Court in the T S Masiyiwa matter was grounded on the violation of the Constitution, the behavior of the Minister in that case is not too dissimilar to the present. As I have stated earlier one gets an impression of a disinclination to act in terms of the enabling Act and afford the applicant a chance for the application to be properly considered on its merits. What distinguishes the Masiyiwa matter from the present is that in that case there was relief provided for in terms of the Constitution by the Supreme Court where the applicant was granted a mandatory interdict arising out of the violation of s 20 of the Constitution. In terms of s 24 thereof the Supreme Court has the to hear and determine any application made by any person and make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights. The court then granted appropriate relief with a provision that if the regulatory authority failed to comply then and in that event, the applicant be deemed licenced. The current application is therefore, on the papers premised on that authority. In the application before me, the point was made on behalf of both respondents that the application to the Commission for registration as a media service provider had itself not been availed to court if this was the relief sought by the applicant. Mr Matinenga attempted to produce it from the bar but there was strenuous objection from counsel of both respondents. There was no application made for its production in court before Mr Matinenga tendered it to be placed in the record. It was therefore not admitted as part of the record. It was thereafter sent to me under cover of a letter written by the applicant‟s legal practitioners subsequent to the hearing. This in my view, represents a most unorthodox manner of producing documents to court. The hearing had closed without the application for registration being adverted to. The respondents, have not been availed the opportunity to comment on its contents. In the absence of an application to court to have it admitted, I do not see how the applicant can expect me to have regard to it. I will not refer to it in my deliberations. This court cannot know of its own accord which provisions of AIPPA the applicant has to comply with in order to qualify for registration. Put another way there is no way that this court can state that the applicant has complied with the provisions of AIPPA in order to qualify for the grant of 15