City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd and Others [2015] ZACC 29 (23 September 2015)

Legality review – delay – whether delay unreasonable – whether delay
should be condoned.

Spoliation – Electronic Communications Act 36 of 2005 – installation by Telkom of copper cables in portion of underground plastic sleeves, the property of the land owner, does not amount to possession – installation by Vodacom of optic fibre cables in the same sleeves did not disturb Telkom’s use – does not amount to
spoliation.

Erection of telecommunications infrastructure – public
servitude in favour of licensee in terms of s 22(1)(a) of the Electronic
Communications Act 36 of 2005 – whether entitling licensee to enter
upon land and erect telecommunications infrastructure contrary to zoning
provisions in municipal by-laws without obtaining consent to rezoning
from municipality in terms of those by-laws – whether by-laws requiring
such rezoning and consent unconstitutional – whether municipal policy in
respect of the erection of telecommunications infrastructure an
encroachment upon a national sphere of legislative competence.