Telkom SA SOC Ltd v City of Cape Town and Another

Telkom SA SOC Ltd planned to roll out telecommunications infrastructure, including freestanding base telecommunication stations (cell phone masts), in Cape Town. One such mast was erected on a property in Heathfield owned by the Estate Late Birch Kalu. The property was zoned Single Residential Zone 1 under the City of Cape Town’s Municipal Planning By-Law, which did not permit such infrastructure. Telkom applied for rezoning but erected the mast before approval was granted. The City objected, asserting that Telkom acted unlawfully by breaching zoning provisions and building regulations. Telkom challenged the constitutionality of the by-law and the City’s Telecommunications Mast Infrastructure Policy, arguing that section 22 of the Electronic Communications Act 36 of 2005 entitled it to enter land and erect infrastructure without municipal consent.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order declaring the erection of the mast unlawful remained intact.

The case affirms the constitutional autonomy of municipalities in land-use planning and zoning, even where national infrastructure such as telecommunications is involved. It clarifies that section 22 of the Electronic Communications Act does not give licensees carte blanche to ignore municipal planning laws, reinforcing cooperative governance and the balance of powers between spheres of government.