Telkom SA SOC Ltd v City of Cape Town and Another (1038/2018)
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…
Source excerpt
- Municipal Planning
- Zoning By Laws
- Electronic Communications Act
- Constitutional Validity
- Public Servitude
- Building Regulations