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South Africa decisions
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CZ Holdings Proprietary Limited v Revival Technologies and Academy (4218/2023) [2024] ZALMPPHC 114 (11 September 2024)
The High Court confirmed a registered public servitude of right of way, rejected prescription, and ordered the respondent to remove obstructions and stop interference.
Telkom SA SOC Ltd v City of Cape Town and Another (1038/2018) [2019] ZASCA 121; [2019] 4 All SA 682 (SCA); 2020 (1) SA 514 (SCA) (25 September 2019)
The Supreme Court of Appeal held that municipal planning, including zoning and land use regulation, is a constitutionally protected competence of municipalities. The by-law and policy adopted by the City of Cape Town were valid exercises of this power and did not unlawfully regulate telecommunications, which remains a national competence. Section 22 of the Electronic Communications Act does not exempt licensees from compliance with applicable municipal laws, including zoning and building regulations. The requirement for municipal consent or rezoning does not conflict with national legislation…
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Stoffberg NO and Others v City of Cape Town (1325/2017) [2019] ZASCA 70 (30 May 2019)
The Supreme Court of Appeal dismissed an acquisitive prescription claim to a public outspan, finding the appellants proved neither 30 years’ continuous possession nor ownership-like use.
Dark Fibre Africa (Pty) Ltd v City of Cape Town (195/2018) [2018] ZASCA 168; 2019 (3) SA 425 (SCA) (7 November 2018)
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…
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Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017) [2017] ZAWCHC 151; 2018 (4) SA 185 (WCC) (14 December 2017)
The court held that the City of Cape Town was entitled to impose conditions, including deposits and future tariffs, on licensees installing electronic communications networks, provided these conditions are authorized by municipal bylaws and do not thwart the statutory rights granted under section 22 of the Electronic Communications Act. The deposit system was found to be a legitimate means of incentivizing trenchless technology and compensating for road degradation, and the applicant failed to provide sufficient evidence of disproportionality. The conditions did not prevent the applicant from…
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Telkom SA SOC Ltd v Residential Estate Dennegeur (Pty) Ltd and Another (22032/2016) [2017] ZAWCHC 76 (26 July 2017)
The High Court granted Telkom a spoliation order over estate telecommunications infrastructure after Vodacom’s installation work and the HOA’s cooperation displaced Telkom’s possession.
Langebaan Ratepayers and Residents Association v Dormell Properties 391 (Pty) Ltd (11859/2011) [2012] ZAWCHC 50; 2013 (1) SA 37 (WCC) (8 May 2012)
The court found that the applicant had established, on a balance of probabilities, that a public servitudal right of way existed over the gravel road (White Road) in Langebaan due to immemorial use by the public. The evidence from historical maps, manuscripts, and affidavits demonstrated continuous, unhindered public access long before the road's proclamation as a provincial road in 1968. The respondent failed to rebut the presumption of lawful origin of the public's use, and the introduction of a permit system did not effectively curtail the right. The court held that the deproclamation and…
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