Abrahamse v Mobile Telephone Networks (Pty) Ltd and Others (21134/2015)
Abrahamse v Mobile Telephone Networks (Pty) Ltd and Others (21134/2015) [2016] ZAWCHC 186 (26 October 2016)
The court found that the City of Cape Town failed to consider the applicant's objection to the construction of the telecommunications base station, despite the regulatory framework and policies requiring all objections to be considered. The applicant was the most directly affected property owner, and his objection contained unique information not present in other objections. The City's omission violated the audi alteram partem principle and procedural fairness under PAJA, as well as its own policies and regulations. The court rejected MTN's argument that considering similar objections was unn…
Source excerpt
- Promotion Of Administrative Justice Act
- Procedural Fairness
- Land Use Planning
- Minor Works Permit