Foreword

With the development of new information and communication technologies, the right to communicate assumes new dimensions, since it is almost impossible to fully participate in the globalized world without access to modern information and communication technologies. South Africa held its first democratic elections in 1994 and has subsequently returned to the international arena. Its citizens should rightly expect to be able to participate in all that this return offers, not only politically, but also economically and socially. Telecommunications are vital to making such participation possible. In recognition of this fact, the newly elected government developed policies and enacted legislation to ensure that the telecommunications sector, and specifically the sole fixed line service provider Telkom, provides South African citizens affordable access to the telecommunications infrastructure whilst providing acceptable levels of service. However, rather than meeting its obligation to the government and the people of South Africa, Telkom has misused its monopoly. The social injustice that this situation creates is critically examined against the background of the right to communicate based on Rawls' principles of social justice and Sen's capability approach.