Telecoms regulator the Independent Communications Authority of South Africa (ICASA) last month approved the merger subject to Vodacom not using the spectrum allocated to Neotel for the next two years.
But MTN has claimed that the two-year prohibition would do little to stop Vodacom's dominant position in the market and access to Neotel's spectrum even after that would give Vodacom an unfair advantage over other players.
But newly-appointed MTN chief executive officer Mteto Nyati told the website TechCentral that this condition was not enough and the deal could end up being bad for the country.
Nyati said Vodacom can use the next two years to plan and build a network using Neotel's spectrum and simply switch it on when the commission's restriction expires.
"But this particular deal gives an unfair advantage to one party," Nyati added, warning that there is no guarantee that there will be any clarity from government or ICASA in the next two years about what spectrum MTN will get access to.
The process has already been opposed by state-owned fixed line operator Telkom, which is threatening legal action, arguing that ICASA had not followed the correct procedure in approving the Neotel buyout.
Nyati said MTN was still considering its option about joining the Telkom legal action.
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