City of Tshwane Metropolitan Municipality v Link Africa (Pty) Limited and Others

Link Africa (Pty) Limited, an electronic communications network services licensee under the Electronic Communications Act 36 of 2005 (ECA), sought to install fibre‑optic cables within the City of Tshwane Metropolitan Municipality’s existing underground municipal infrastructure, particularly sewer and storm water systems. Link Africa contended that section 22 of the ECA entitled it to do so without the City’s consent, provided it acted with due regard to applicable law. The City initially engaged with Link Africa and granted limited approvals, but later withdrew support, asserting that municipal consent and agreement were required and that Link Africa’s conduct violated procurement principles and property rights. After Link Africa proceeded with installation, the City approached the High Court seeking declaratory, interdictory, review, and constitutional relief, including a challenge to the validity of sections 22 and 24 of the ECA. The High Court dismissed the application, relying on Supreme Court of Appeal precedent. Leave to appeal was ultimately granted by the Constitutional Court.

Leave to appeal was granted, but the appeal was dismissed. The City of Tshwane Metropolitan Municipality was ordered to pay the costs of Link Africa (Pty) Limited.

This case is a leading Constitutional Court authority on the interpretation and constitutionality of sections 22 and 24 of the Electronic Communications Act. It clarifies that electronic communications licensees may access public and private land without owner consent, subject to compliance with applicable law, and that such access does not constitute arbitrary deprivation of property. The judgment has wide implications for municipalities, private landowners, and telecommunications providers, facilitating the rollout of broadband infrastructure in South Africa.