Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Ltd (2763/2014) [2014] ZAKZPHC 23

16th April 2014

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Ltd (2763/2014) [2014] ZAKZPHC 23

[1] The applicant seeks interim relief to restrain and interdict the respondent from conducting construction work on municipal property pending the final determination of its application for certain declaratory and review relief relating to the legality of the respondent’s conduct. The terms of the interdicts sought are set out in paragraphs 2.1 to 2.3 of the notice of motion. The applicant also seeks the costs of the application for interim relief, including the costs consequent upon the employment of two counsel. The applicant contends that the respondent had acted unlawfully in that it had failed to obtain its permission and failed to act in accordance with conditions specified by the applicant before it commenced construction.