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South Africa Case Law

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Telecoms And Media [2018] ZASCA 168

Dark Fibre Africa (Pty) Ltd v City of Cape Town (195/2018)

Dark Fibre Africa (Pty) Ltd v City of Cape Town (195/2018) [2018] ZASCA 168; 2019 (3) SA 425 (SCA) (7 November 2018)

Court
Supreme Court of Appeal
Case number
195/2018
Judges
Lewis, Cachalia, Seriti, Molemela, Rogers

The Supreme Court of Appeal held that section 22 of the Electronic Communications Act does not override municipal bylaws or other applicable laws. The statutory rights conferred on licensees exist alongside other regulatory requirements, and licensees must obtain all necessary consents and comply with municipal conditions when exercising their rights. The City's requirements, including payment of deposits and tariffs, are authorized by law and serve legitimate public interests such as infrastructure protection and public safety. The appellant's interpretation of Link Africa was rejected; the…

Source excerpt

  • Electronic Communications Act
  • Municipal Bylaws
  • Public Servitude
  • Tariff Charges
  • Compensation For Land Use
  • Constitutional Municipal Powers
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Administrative Law [2011] ZASCA 244

Rademan v Moqhaka Municipality and Others (173/11)

Rademan v Moqhaka Municipality and Others (173/11) [2011] ZASCA 244; 2012 (2) SA 387 (SCA) (1 December 2011)

Court
Supreme Court of Appeal
Case number
173/11
Judges
Lewis, Bosielo, Petse

The Supreme Court of Appeal held that the municipality was statutorily authorised to disconnect the appellant's electricity supply due to her failure to pay rates and taxes, even though her electricity account was up to date. The court found that the relevant legislation and municipal by-laws empower municipalities to consolidate accounts and discontinue any municipal service when any account is in arrears, without the need for a court order. The appellant's reliance on Joseph v City of Johannesburg was misplaced, as that case concerned tenants without direct contracts with the municipality.…

Source excerpt

  • Municipal Services
  • Credit Control And Debt Collection
  • Mandament Van Spolie
  • Constitutional Municipal Powers
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.