Mobile telephone Networks (Pty) Ltd v Beekmans NO and Others (1139 of 2015) [2016] ZASCA 188 (1 December 2016)

Interim interdict against State functionary – South African Police
Service – prohibited from exercising powers under Firearms Control Act 60 of 2000 – interdicted from accepting or demanding surrender of firearms with expired licences pending final relief extending validity of expired licences – appealable – interdict an intrusion on executive authority and final in effect – role of Judge as neutral arbiter – of own accord amending final relief sought –
inappropriate – renders court susceptible to allegation of bias – requisites for an interim interdict not met – no prima facie right, injury or absence of alternative remedy established – balance of convenience not favouring grant of interim relief – interdict an impermissible restraint on exercise of statutory power – violation
of principle of separation of powers – appeal upheld

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.