Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017)
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…
Source excerpt
- Electronic Communications Act
- Municipal Bylaws
- Public Servitude
- Compensation For Land Use
- Tariffs And Deposits
- Proportionality Review