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)
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