14 HH 29-2007 HC 1786/06 Holdings (Pvt) Ltd & Another v Minister of Information.12 I see no need to repeat the history here in this judgment. However, in a nutshell the applicant therein, had applied to the Supreme Court in one of the earlier cases for a declaration that the monopoly granted to the Posts and Telecommunications Corporation to provide cellular services was unconstitutional. The Supreme Court found that the monopoly was an infringement of the fundamental right of the freedom of expression. Thereafter Econet (the applicant) received authorization from the Zimbabwe Investment Center to proceed with its project to establish a public mobile cellular and it the set about putting into place the machinery, including manpower, bases, substations, equipment and authorizations from local authorities to operate its network. All this ground was being done on the assumption that the Minister would put in place legislation regulating the field of cellular networks. On 5 February 1995 with the publication of the Presidential Powers (Temporary Measures) (Cellular Telecommunications Services) Regulations S.I 15A of 1996 it was suddenly an offence for anyone other than the Posts and Telecommunications Corporation and except with a licence issued under the Regulations to operate a cellular communications network within the country. Resulting from this Econet then approached the Supreme Court, alleging the violation of ss 16, 20 and 23 of the Constitution and praying for an order that it be declared free to continue to operate a cellular telecommunications system within, into and from Zimbabwe without let or hindrance. The court found that the Posts and Telecommunications Corporation had been granted preferential treatment under the Act as well as the Regulations. The control mechanism provided for in the regulations, whilst not interfering with the Corporation‟s entitlement to commence operations, was designed to delay the entry of a competitor into the field. This, as the court found, would have the effect of violating the Constitution. The court found the mechanism to be restrictive. It also found that the more restrictive the mechanism was, the longer it would take for a competitor to enter the field. It is also found that the regulations were not being implemented with any haste, mainly due to the desire on the part of the Minister to secure a niche in the market for the Corporation and that section 20 of the Constitution had been contravened and that such contravention was not reasonably justifiable in a democratic society like Zimbabwe. Having considered that there was no benefit to the applicant in striking down the regulations, as that would restore the absence of a regulatory framework, the court exercising its discretion under s 24(4) of the Constitution, then issued an order in which the Minister was put on terms to comply with the regulations within a specified period. The court also ordered that in the event that the Minister did not comply with the time limits set in the order, then Econet would be deemed licenced. The court also imposed conditions on the licence 12 1996 (2) ZLR 754 (SC) 14