Illegal Towers Archives - EMFSA

Victory in fight against cell mast

Editor — Thu, 10 Oct 2019 10:50:12 +0000

Thursday, October 10, 2019

By Lillian Amos

Heathfield residents have notched up a victory in their ongoing fight to stop the rapid increase of cell masts in the southern suburbs.

After three years of petitioning and advocating against the erection of a mast in Fourth Road in Heathfield, residents were relieved when the Supreme Court of Appeal ruled that Telkom could not install cell masts without approval from the City of Cape Town.

In 2016 Telkom installed the cell mast at a house without applying to the City or implementing the proper public participation procedures.

The judgment was delivered on Wednesday September 25 after an appeal lodged by Telkom when the Western Cape High Court ruled in the City’s favour which affirmed the Municipal Planning By-law (MPBL) and the Telecommunications Mast Infrastructure Policy that service providers are constitutionally mandated to apply to the City before erecting cell masts.

Telkom planned to install 135 masts across Cape Town and installed seven without approval from the City.

Marian Nieuwoudt, Mayco member for spatial planning and environment, welcomed the court’s judgment.

“All land units within Cape Town’smunicipalboundaries have a base zoning that determines what the land can be used for, and how the land may be developed. This zoning, among others, is indicated in the Development Management Scheme that is included in the Municipal Planning By-law,” she said.

“Telkom argued that the MPBL does not apply to them and that they are free to install cellphone towers wherever they deem fit, irrespective whether the land is zoned for that use or
not.

“I’m pleased that the SCA dismissed this argument and that the judgment concurs with the order from the Western Cape High Court last year that Telkom is bound by the Municipal Planning By-law like all other developers and landowners in Cape Town,” said Ms Nieuwoudt.

Ward 72 councillor Kevin Southgate said residents had taken it upon themselves to drive a petition and engage the City about the legality of the structure.

“After a period of engagement the City decided to take up the matter legally. It took a long time and sometimes it is very difficult but after three years we’ve got a positive outcome; it is illegal.

“Telkom cannot just take it upon themselves to put up these structures. I commend the residents. The next step would be to dismantle the cell mast,” said Mr Southgate.

“This is a victory and shows that when a community stands together we can achieve so much more,” he said.

Resident Peter Gordon said when they initially realised what Telkom’s plans were, they immediately sprang into action before the 12-metre tower could be acti-
vated.

“We parked our cars in front of the house, we called the police
and had the workers cut the wires to ensure the mast was not activated. We did everything we
could to stop this in its tracks. It took two hours to put up the mast and years to get to this point,” he said.

Another resident, Deon de Wet, said their main concern was the health of the community.

“The frequency emitted from the towers create a fall-out. That fall-out affects some people and does cause cancer and other related illnesses. More research needs to be done to prove that these cell towers have a negative impact on people’s health,” he said.

Resident Gavin Joe was concerned that their property values would drop if there were a number of cell masts in the area.

“Because of this cell mast someone in the road cannot sell their house. The first thing you see when you come over the hill in Fourth Road is the mast, which is an eyesore. The other concern is also the electromagnetic radiation emitted from the towers that could have a negative effect on us living so close to it,” he said.

Kay Wentzel hopes this ruling will set a precedent.

“There are other cell masts in the area including one at Heathfield station since 2015. We are saying no to these cell masts and hoping this will set a precedent and that no more of these towers will be put up anymore,” she said.

Telkom has until Wednesday October 16 to appeal to the Constitutional Court.

“Should Telkom choose to appeal the judgment, the matter will be subjected to another legal process,” said Mr Southgate.

Telkom representatives did not respond to our enquiries by the time this edition went to print but issued a statement which said they would review the judgment and consider their options.

Source:

https://www.constantiabergbulletin.co.za/news/victory-in-fight-against-cell-mast-34523573?fbclid=IwAR3A9Vu9H_YSmbWIpoTFcA7_cKvz9aj_gE0keSd7HfdJZr14NPgRQOun1Pw

Added note by EMFSA:

It should not be necessary for communities and residents to be the watchdogs. Behind the scenes – the hard work from the community and activists, the amount of e mails that were ignored (or went round in circles). And what about the other illegal towers? Is it going to take the community yet again to instigate action or will the City ensure that they are removed immediately?

Image: EMFSA

Cape Town, South Africa: Illegal Heathfield Mast – Activists Fought Injustice

Telkom has until the 16th of October 2019 to decide whether they are going to appeal the ruling in the Constitutional Court.

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CITY OF CAPE TOWN 1 OCTOBER 2019 MEDIA RELEASE City victorious in cellphone mast case against Telkom

Editor — Wed, 02 Oct 2019 09:35:46 +0000

The Supreme Court of Appeal has, in a unanimous judgment, affirmed the City of Cape Town’s constitutional mandate to regulate and control the use of land within its municipal borders. The judgment sets an important precedent that all telecommunications service providers, inclusive of state-owned Telkom, must obtain the City’s approval prior to installing cellphone masts in Cape Town.

Read more below:

The judgment was delivered on 25 September 2019 and followed on from an appeal Telkom lodged after the Western Cape High Court ruled in the City’s favour.

‘The City welcomes the Supreme Court of Appeal’s judgment, as well as the decision to dismiss Telkom’s appeal with costs. With this judgment the SCA has once again affirmed the constitutional validity of the City of Cape Town’s Municipal Planning By-law, and our Telecommunications Mast Infrastructure Policy,’ said the City’s Mayoral Committee Member for Spatial Planning and Environment, Alderman Marian Nieuwoudt.

The SCA in its judgment dismissed Telkom’s argument that it was free to install telecommunications stations – commonly referred to as cellphone masts – at a location of its choice and without prior approval from the City.

All land units within Cape Town’s municipal boundaries have a base zoning that determines what the land can be used for, and how the land may be developed. This zoning, among others, is indicated in the Development Management Scheme that is included in the Municipal Planning By-law (MPBL).

In 2017 Telkom installed a cellphone mast in Heathfield, in the Far South, without prior approval from the City. The zoning of the land does not permit the installation of a cellphone mast, and when the City informed Telkom that it was in breach of the MPBL, the company approached the Western Cape High Court to challenge the constitutionality of the MPBL and the City’s Telecommunications Mast Infrastructure Policy. At the time, Telkom planned to install 135 masts across Cape Town and went ahead and installed seven masts without obtaining the City’s approval.

The City opposed Telkom’s application in the Western Cape High Court, as well as in the SCA matter.

‘Telkom argued that the MPBL does not apply to them and that they are free to install cellphone towers wherever they deem fit, irrespective whether the land is zoned for that use or not. I’m pleased that the SCA dismissed this argument and that the judgment concurs with the order from the Western Cape High Court last year that Telkom is bound by the Municipal Planning By-law like all other developers and landowners in Cape Town,’ said Alderman Nieuwoudt.

End

Issued by: Media Office, City of Cape Town

Media enquiries: Alderman Marian Nieuwoudt, Mayoral Committee Member for Spatial Planning and Environment, City of Cape Town, Tel: 021 400 5154 or Cell: 084 224 0023, Email: marian.nieuwoudt@capetown.gov.za (please always copy media.account@capetown.gov.za)

Note from EMFSA:

What is omitted from the above media release:

Cape Town, South Africa: Illegal Heathfield Mast – Activists Fought Injustice

The post CITY OF CAPE TOWN 1 OCTOBER 2019 MEDIA RELEASE City victorious in cellphone mast case against Telkom appeared first on EMFSA.

Cape Town, South Africa: Illegal Heathfield Mast – Activists Fought Injustice

Editor — Sun, 29 Sep 2019 11:39:19 +0000

In a Supreme Court judgement of the 25th of September 2019 Telkom lost its Appeal. For activists it brings to close a long and hard battle.

This case is about a community – all of us – standing together to fight injustice:

Image: Heathfield, 4th Avenue, where families reported that their children regularly become ill.

-D Rowland assisted the community with her usual tenacity and pursued the matter relentlessly.

-Kay Wentzel, spokesperson for her Heathfield community.

-The late Muna Lakhani* , Justine Hansen from EMRSA and Olga Sheean.

17 May 2017 – Mrs Kay Wentzel’s letter to the City of Cape Town ( CoCT) :

In 2016 during the month of March, Telkom erected an illegal freestanding mast at house no 47, 4th road, Heathfield. No due process was followed. To this day, the mast still stands and is operational. This is a violation of the city’s telecommunications infrastructure policy. The city has acknowledged the mast to be illegal (emails archived since 2016- 2017 for your request).

Ms XXX ( details removed) – I am sure you have been informed of this matter along with so many others. Our communities have been impacted negatively and we need the city’s support in having the masts removed.

After my husband passed in 2013 I was given the opportunity to invest in the suburb Heathfield after twenty five years of renting. I purchased a ruined home in 2014, did eight months of renovation and finally felt content,safe and home. The feeling of owning a home, a space that is yours to enjoy and embrace with your family. The content feeling was short lived due to the illegal mast being erected in close proximity to my home. I would not purchase a property if towers were visible, so clearly this has an impact on our investment.

How do we move forward in a positive manner to ensure our community has peace of mind knowing their health and investment won’t be compromised. Our answer would be to have the masts removed and alternative options to be explored and considered.

I trust this letter is read with compassion for people and a healthy Cape.

I thank you in advance and appreciate your assistance in this regard.

On behalf of our community. K Wentzel

Note: For over two years the community was subjected to the radiation output from this illegal tower. (The mast was only deactivated after the last high court ruling in May 2018).

Despite strong objections from the community and countless letters to city officials (including the Mayor Patricia de Lille) the tower remained operational. Only after its erection and the uproar of the community was the community notified of the objection application process. Many further emails to Mayor Patricia de Lille were ignored. Requests for a meeting with the communities of Heathfield, Mitchell’s Plain, Forest Glade and Manenberg to discuss cell tower placements were denied because the mayor’s calendar was ‘booked up’.

Ms Rowland appealed to MEC Minister Anton Bredell with her correspondence being forwarded to Ms Bettie Leedo – Head of Environmental Affairs. Councillor Kevin Southgate became involved and supported investigation of the process involved in placement of this tower.

This case was featured in a document written at Ms Rowlands’ request, by Canadian Olga Sheean ‘Challenging the towers that be’ – an appeal to Cape Town Councillors – emailed during December 2016 and copied to ALL in authority within this city to implement change (including Mayor Patricia de Lille). NO confirmations of receipt were ever received by Ms Sheean.

Finally, 27th of September 2019, OVER THREE YEARS after the mast was erected:

Ms Wentzel comments about the Supreme Court judgement:

“Today is a day of absolute gratitude to all those involved in creating a voice of rejection for the erection of a cell mast in our neighborhood. This has been fought relentlessly and Denise Rowland has shown no signs of backing down. An absolute honor meeting you on this journey and it exemplifies through unity we can achieve a desired result.

My community namely Heathfield whom I became an activist for during these invasive cell tower erections appreciates the efforts and support of all involved.

We trust the ruling would set precedent for more illegal masts to fall.

Communities should voice their dissatisfaction and support each other through the process, it’s tedious but don’t give up.”

In June 2019 EMFSA commented:

How many more similarly unlawfully erected cell towers are there across South Africa?

Municipalities should, as standard practice, prevent illegal towers from being erected in the first place – it should not be necessary for communities to play the role of the watchdog. To cite lack of manpower to monitor these events is unacceptable.

Who is paying for all these court cases? How much is it costing the taxpayer?

EMFSA requests an urgent public investigation into this matter by the authorities.

*The 22nd 0f September was Muna Lakhani’s birthday. We are sorry that Muna is no longer with us to share the good news of the Supreme Court Judgement.

References:

Four cell towers metres from where children live and play – South Africa

Unlawful cell towers South Africa – legal precedent set by court and future implications.

Telkom vs City of Cape Town:Telkom heads for the Supreme Court!

Telkom loses court appeal over location of cellphone masts in Western Cape

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“Mysterious” cell tower erected on Western Cape’s second-highest mountain

Editor — Sun, 14 Jul 2019 10:06:07 +0000

Source: https://mybroadband.co.za/news/telecoms/313297-mysterious-cell-tower-erected-on-western-capes-second-highest-mountain.html?source=newsletter

A base station has been erected on Matroosberg, the Western Cape’s second-highest mountain, according to a report in the Sunday Times.

The report stated that the structure is made from concrete, will hold an 8-metre mast, and that authorities have no definitive answer as to how it got there.

CapeNature officials, who are responsible for the peak, said they do not know who commissioned the tower – and said the party did not seek permission.

“CapeNature is in the process of conducting an in-field investigation into alleged trespassing on CapeNature-managed land as well as the illegal construction,” it said.

It told the Sunday Times that a “Western Cape Internet service provider allegedly gained illegal access” to the area. It then “transported equipment and building material to the top of the mountain and seemingly bulldozed a new piece of road as well”.

The report stated that sources identified a bakkie bearing the name of a local ISP which was seen transporting workers to the top of the mountain recently.

The province’s environmental affairs department has said the base station was “technically legal”, however.

This is because it “was just small enough not to trigger provisions of the National Environmental Management Act”.

Tower Battles

The news comes three months after residents of Constantia in Cape Town won a legal battle against MTN to have a “visually intrusive” cellphone mast taken down.

The seven-year legal battle cost the residents R2.5 million and was centred around a 5-metre cellphone mast “disguised as a chimney”

In 2017, a similar battle took place in Johannesburg, with residents fighting against the erection of cellphone towers and “4G street poles” which were installed without their approval.

Residents in Craighall Park fought the installation of a 30m cellphone tower on the property of the Old Apostolic Church.

While pockets of residents fight tower installations, network operators continue to roll out new towers to ensure their customers remain connected.

Thanks to no spectrum being allocated by ICASA and the government in recent years, mobile operators in particular are forced to continue adding more towers as users consume more data.

Tower rollouts will also intensify as 5G connectivity is implemented by the networks , for example, Helios Towers aims to build 1,000 telecommunication towers in South Africa in the next three years as a result.

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