Minister of Communications and Digital Technologies Stella Ndabeni-Abrahams has gazetted a new policy on the deployment of communications networks in South Africa.
The policy aims to accommodate the accelerated deployment of electronic communications networks, such as LTE and 5G networks.
The policy gives mobile networks and other licensees the right to select, enter, and use public or private land for the deployment of their network infrastructure.
EMFSA: Objections
•The time allowed for objections is too short, an extension must be given so that all the citizens of South Africa can make informed decisions and understand the potential advantages and disavantages of the proposal.
•The Constitution was created by the South African Government to honour the rights of the people of the country.
The proposed new policy is in direct conflict of the constitutional rights of every South African as clearly stipulated in our Constitution. All citizens have fundamental rights that must be upheld and protected no matter where they live or who they are.
•Health, Safety and Environment
Any assurances and statements about the above should be discussed further with non-industry affiliated (independent parties) due to:
-In South Africa there are no legal standards/mandatory limits for cell tower emissions.
-No national emissions monitoring system exists.
•Local Control
It is our opinion that this proposal is designed to remove all local control from municipalities. This should be avoided at all costs. The proposal is a carbon copy of the FCC’s attempt at bulldozing the right of municipalities in favour of the industry, resulting in many court cases in the USA. https://news.bloomberglaw.com/tech-and-telecom-law/5g-infrastructure-fight-between-cities-fcc-to-continue-in-2020
•Concourt Rulings
The proposed policy is in direct conflict with South African Concourt rulings:
-Approval from local authorities https://www.emfsa.co.za/news/telkom-loses-concourt-battle-on-cellphone-masts/
-Sectional title unit owners in whose interest a zoning scheme regulation was passed have the legal standing right to enforce it. It is this common law right that gives them legal standing.
https://www.emfsa.co.za/news/constitutional-court-judgement-mtn-rooftop-cell-mast-antenna/
•Reality
Hunger, poverty, corruption, lack of sanitation, job opportunities and electricity supply is the norm in South Africa. We object because the proposed policy will not address or improve these issues, despite industry hype.
It has come to our attention that foreign nationals are being subcontracted by the industry for the installation of 5G towers, taking work opportunities away from South African citizens.
Have your say – shape this policy. Click on the link “5G towers” below.
In addition: Written comments or objections to the draft policy, a copy of which can be found here, must be sent in writing to: The Acting Director-General, Department of Communications and DigitalTechnologies; for attention: Mr A Wiltz, Chief Director, Telecommunications and IT Policy at: rapid@dtps.gov.za
EMFSA:
We encourage our readers to share this information with your municipal councillors, mayors and political parties.