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Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19) [2020] ZACC 15

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Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19) [2020] ZACC 15

26th June 2020

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[1] This is an application for leave to appeal against the decision of the Supreme Court of Appeal, which dismissed with costs an appeal by Telkom SA SOC Limited (Telkom).  Telkom had appealed against the dismissal of its application by the Western Cape Division of the High Court.

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[2] The matter concerns the question whether the exercise of rights held in terms of section 22 of the Electronic Communications Act[1] is subject to compliance with municipal bylaws and policies.  Differently put, whether a holder of those rights must comply with municipal bylaws before exercising those rights.

[3] In terms of section 22, a licensee under the Act is entitled to enter upon any land in the Republic for purposes of constructing and maintaining an electronic communications network or facility.  The licensee may also enter such land for purposes of altering or removing the network or facility it had constructed.  But the exercise of these rights is subject to the condition that the licensee pays due regard to applicable law and the environmental policy of the Republic.[2]

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