Tag

Constitutional Court
01
Sep

AfriForum submits commentary against proposed 5G policy

September 1, 2020
Source: https://www.engineeringnews.co.za/article/afriforum-submits-commentary-against-proposed-5g-policy-2020-09-01 1ST SEPTEMBER 2020 BY: NATASHA ODENDAALCREAMER MEDIA SENIOR DEPUTY EDITOR The civil rights organisation AfriForum has raised its concerns that the Draft Policy and Policy Direction on Rapid Deployment of Electronic Communication Networks and Facilities, or fifth-generation (5G) policy, will violate property rights and pose specific safety risks to landowners. In a written response to the...
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08
Aug

Landowners will not have right to refuse 5G masts

August 8, 2020
8th August 2020 Source: The North Coast Courier https://northcoastcourier.co.za/156656/landowners-will-not-have-right-to-refuse-5g-masts/?fbclid=IwAR1gILIGMRXpp7Xa_BTbYuh8OQ-khbmHVrijP5j8UnARfu8VNTYi_zwY5iM The government is citing legal precedent as the basis for its proposed legislation on 5G technology, which if passed will allow network companies to erect masts on privately-owned land even if the landowner does not want it. Following the July 22 gazetting of additions to the...
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01
Aug

Durban residents reject 5G towers on their property

August 1, 2020
Source: https://bereamail.co.za/242445/berea-residents-reject-5g-towers-on-their-property/ AUTHOR Thabiso Goba, Journalist/Photographer July 30, 2020 The draft proposal, which was gazetted by Stella Ndabeni-Abarahams, Minister of Communications and Digital Technologies, is part of the government’s expansion into the 5G network. Excerpt – for the full article, please see the link above. Heather Roos, chairperson of Umbilo Community Policing Forum, said the...
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31
Jul

Proposed 5G policy would erode the rights of property owners, says lawyer

July 31, 2020
Source: https://northcoastcourier.co.za/156284/proposed-5g-policy-would-erode-the-rights-of-property-owners-says-lawyer/ Author Penny Fourie, Journalist July 31, 2020 The new policy does away with the red tape and allows mobile network operators to install telecommunications stations – cellphone masts – at locations of their choice without prior approval from local authorities. Ballito attorney Andy Horton warned that the proposed policy by implication would erode...
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31
Jul

South Africans push back against 5G towers in their backyards

July 31, 2020
Reuters News 24 1 st of August 2020 •Tens of thousands are opposing a new policy that will allow mobile networks to build infrastructure, like 5G towers. •They are channelling their discontent through a website, Dear South Africa. •Cellphone companies, however, are optimistic about the policy. Tens of thousands of South Africans have written complaints...
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30
Jul

Impact of 5G draft policy on property

July 30, 2020
Source: https://www.falsebayecho.co.za/news/impact-of-5g-draft-policy-on-property-51606325?fbclid=IwAR1dDsdal_NJhkViITWAeGbu1cHp9FxvSpqpSdwHScHSCQg4qxxT499GuUI By Karen Kotze Jul 30, 2020 A government draft policy, if passed, will allow mobile networks to build 5G electronic communication infrastructure on your property without compensation. The draft submitted by Department of Communication and Digital Technologies Minister Stella Ndabeni-Abrahams appears in Gazette No. 43537 dated Wednesday July 22. It says property owners could be...
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25
Jul

EMFSA: Objections to the proposed new policy on the deployment of communications networks in South Africa.

July 25, 2020
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...
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29
Apr

Constitutional Court Judgement : MTN Rooftop Cell Mast Antenna

April 29, 2019
Judgment: Individual 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. Source: https://www.concourt.org.za/index.php/judgement/315-spilhaus-property-holdings-pty-limited-and-others-v-mtn-mobile-telephone-networks-pty-limited-and-another-cct82-18 Case CCT82/18 [2019] ZACC 16 Hearing Date: 07 February 2019 Judgement Date:24 April 2019 Post Judgment Media Summary   The following explanatory...
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20
Feb

Municipalities should not approve building plans which may devalue surrounding properties, ConCourt rules

February 20, 2019
A News 24 Article, source: https://www.news24.com/SouthAfrica/News/municipalities-should-not-approve-building-plans-which-may-devalue-surrounding-properties-concourt-rules-20190219 The Constitutional Court has ruled that municipalities are obliged to consider the possibilities that a new development could devalue nearby properties before approving building plans. The court said that when a proposed building is being considered, the decision-maker should check against whether the proposed property could disfigure the area, or...
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