https://www.engineeringnews.co.za/article/afriforum-submits-commentary-against-proposed-5g-policy-2020-09-01

1ST SEPTEMBER 2020

BY: NATASHA ODENDAAL
CREAMER MEDIA SENIOR DEPUTY EDITOR

The civil rights organisation AfriForum has raised its concerns that the Draft Policy and Policy Direction on Rapid Deployment of Electronic Communication Networks and Facilities, or fifth-generation (5G) policy, will violate property rights and pose specific safety risks to landowners.

In a written response to the draft, submitted to the Department of Communication and Digital Technologies on September 1, the organisation said it was not against technological advancement, however, it needs to progress in a responsible and constitutional manner without violating people’s fundamental rights.

Extract:

AfriForum therefore contends that the proposed policy, which allows entry and installation without proper compensation, is arbitrary and unconstitutional.

Read the full article at:

https://www.engineeringnews.co.za/article/afriforum-submits-commentary-against-proposed-5g-policy-2020-09-01

Added note by EMFSA:

In the link below readers can give their support to Afriforum

https://www.afriforum.co.za/5g-regulasies/.

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Source: The North Coast Courier https://northcoastcourier.co.za/156656/landowners-will-not-have-right-to-refuse-5g-masts/?fbclid=IwAR1gILIGMRXpp7Xa_BTbYuh8OQ-khbmHVrijP5j8UnARfu8VNTYi_zwY5iM

The government is citing legal precedent as the basis for its proposed legislation on 5G technology, which if passed will allow network companies to erect masts on privately-owned land even if the landowner does not want it.

Following the July 22 gazetting of additions to the Electronic Communications Act, many communities are believed to have objected strongly to its key proposal, that will give electronic communications network service licensees the right to enter upon and use public and private land for their electronic communications networks and facilities.

This includes 5G wireless technology, which many believe is untested and potentially harmful.

Asked if landowners will have the right to refuse erection of communications equipment on their land, spokesperson for the Department of Communications and Digital Technologies, Mish Molakeng cited a Constitutional Court judgement in the matter of City of Tshwane Metropolitan Municipality and Link Africa (Pty) Ltd CCT 184/14, where the court found that network licensees may select the premises and access to them for the purposes of constructing their electronic communications network or facilities.

The closing date for objections is August 20 and may be emailed to rapid@dtps.gov.za.  

Read more at: https://northcoastcourier.co.za/156656/landowners-will-not-have-right-to-refuse-5g-masts/?fbclid=IwAR1gILIGMRXpp7Xa_BTbYuh8OQ-khbmHVrijP5j8UnARfu8VNTYi_zwY5iM

Added note by EMFSA:

Our objections are in the link below:

The post Landowners will not have right to refuse 5G masts appeared first on EMFSA.

AUTHOR Thabiso Goba, Journalist/Photographer

July 30, 2020

The draft proposal, which was gazetted by Stella Ndabeni-Abarahams, Minister of Communications and Digital Technologies, is part of the government’s expansion into the 5G network.

Excerpt – for the full article, please see the link above.

Heather Roos, chairperson of Umbilo Community Policing Forum, said the policy would represent an infringement on people’s rights.

“This is taking away people’s rights to privacy on their own property . This is so unfair. What about health risks as this has been a huge issue in the past with cell towers etc. It seems that as citizens in South Africa, we do not have any rights anymore,” she said.

Glenwood resident, Christo Bergh, also raised health and property right concerns over the possible law.

“The fact that they want to use my property without compensation, no. The eyesore alone of these towers puts me off. The jury is still out there on the health implications of 5G,” he said.

Mandy Wilson, a Glenwood resident called the proposal ‘shocking’ and said it must be stopped from being passed into law.

“Your property, which is the single biggest investment you will ever make will drop rapidly in price.”

“In fact, I would go as far as to say it would make it a very difficult property to sell should you opt to move and then it could happen to you all over again under this new legislation. I most certainly would not buy a property with this in my yard,” she said.

Cheryl Johnson, from Save Our Berea, urged residents to participate in the decision making process and make their voices heard.

“So often residents ignore this process but then object to issues that affect them negatively when it is too late and almost impossible to remedy,” she said.

The post Durban residents reject 5G towers on their property appeared first on EMFSA.

Author Penny Fourie, Journalist

July 31, 2020

The new policy does away with the red tape and allows mobile network operators to install telecommunications stations – cellphone masts – at locations of their choice without prior approval from local authorities.

Ballito attorney Andy Horton warned that the proposed policy by implication would erode the rights of property owners.

“Under the proposed policy the extra burden will fall on the property owner should access be disputed.”

“An appeals tribunal has been proposed, however under 2.14 of the policy which says disputes may be resolved by the Complaints and Compliance Committee or an adjudicator appointed by the Independent Communications Authority of South Africa.

“How independent this authority will be is not clear,” said Horton.

The new policy also supersedes local authorities and strips control from municipalities.

“The revised rules will give wireless companies the right to erect 5G cell towers on an accelerated schedule without having to go through the current planning approval in place – allowing them to bypass municipal bylaws and policy that makes provision for a public consultation process.”

Ballito resident Mark Whitehead said the process appears not to be following the standard parliamentary oversight process and was poorly thought through.

“The current proposed legislation favours the network provider, and the framework is open to abuse,” he said.

The proposed legislation is also being disputed by the South Durban Community Environmental Alliance (SDCEA) environmental rights group.

Co-ordinator Desmond D’Sa said:

“The policy undermines the constitutional rights of property owners.”

“Opposition parties and the public need to stand together to oppose this policy which will not only effect our property values but will pose health risks.”

Opposition party IFP have called on the government “to exercise caution” in the roll-out of 5G while the DA have come out in support of the policy.

The public have been given 30 days from the date of publication of the gazette to object, meaning that the closing date is August 20.

Comments can be submitted either in writing or by email to the acting director-general, department of communications and digital technologies (attention Mr A Wiltz) Private Bag X860, Pretoria, 0001, or rapid@dtps.gov.za.

To read the complete article please see: https://northcoastcourier.co.za/156284/proposed-5g-policy-would-erode-the-rights-of-property-owners-says-lawyer/

The post Proposed 5G policy would erode the rights of property owners, says lawyer appeared first on EMFSA.

1 st of August 2020

•Tens of thousands are opposing a new policy that will allow mobile networks to build infrastructure, like 5G towers.

•They are channelling their discontent through a website, Dear South Africa.

•Cellphone companies, however, are optimistic about the policy.

Tens of thousands of South Africans have written complaints to the government over a new policy that would let mobile networks build cellphone infrastructure, like 5G towers, on private land, which they say could devalue their property.

Since Communications Minister Stella Ndabeni-Abrahams gazetted the policy last week, dissent has poured in through the website Dear South Africa, which collects online submissions to challenge or co-form policies before they become law.

“There are concerns about radiation, about the resale value of properties and about this being used as an excuse to expropriate land without compensation,” the group’s founder, Rob Hutchinson, told the Thomson Reuters Foundation over the phone.

Read more at: https://www.news24.com/news24/southafrica/news/south-africans-push-back-against-5g-towers-in-their-backyards-20200731

The post South Africans push back against 5G towers in their backyards appeared first on EMFSA.

By Karen Kotze Jul 30, 2020

A government draft policy, if passed, will allow mobile networks to build 5G electronic communication infrastructure on your property without compensation.

The draft submitted by Department of Communication and Digital Technologies Minister Stella Ndabeni-Abrahams appears in Gazette No. 43537 dated Wednesday July 22.

It says property owners could be held liable for the cost of repairing the infrastructure if it’s found they didn’t show due care in preventing damage to it.

The policy is intended to pave the way for LTE and 5G infrastructure, giving mobile networks and other licensees permission to install it on any public or private land they so choose.

Minister Ndabeni-Abrahams said all spheres of government should push the rapid deployment of electronic communications networks and facilities, seen as critical for the country’s participation in the 4th Industrial Revolution.

Extract:

Retired Anglican bishop Geoff Davies from Kalk Bay and founder of the Southern African Faith Communities’ Environment Institute, who is known as “The Green Bishop”, said without getting into the debate around the merits or demerits of 5G he was shocked the policy would permit network companies to put up 5G masts wherever they saw fit.

“So what of an historical conservation area like Kalk Bay? What of my rights as a property owner who would be devastated if a 5G mast was planted in my garden, or if I believed there were negative health impacts from 5G? The government can simply not override the rights of its citizens in such an arrogant manner. Are we losing all sense of democracy?”

Brian Youngblood, chairman of the Fish Hoek Valley Residents’ and Ratepayers’ Association, said they had unsuccessfully objected to the City’s amendments to the Municipal Planning By-Law to allow minor free-standing cell masts and minor rooftop cell masts on residential properties.

“We will object to this one as well,” he said.

Written comments or objections to the draft policy, a copy of which can be found here, must be sent in writing to: The Acting Director-General, Department of Communications and DigitalTechnologies; for attention: Mr A Wiltz, Chief Director, Telecommunications and IT Policy at: rapid@dtps.gov.za

For the full article please see: https://www.falsebayecho.co.za/news/impact-of-5g-draft-policy-on-property-51606325?fbclid=IwAR1dDsdal_NJhkViITWAeGbu1cHp9FxvSpqpSdwHScHSCQg4qxxT499GuUI

Added note by EMFSA: Our objections are in the link below.

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The post EMFSA July 2020 Newsletter appeared first on EMFSA.

Minister of Communications and Digital Technologies Stella Ndabeni-Abrahams has gazetted a new policy on the deployment of communications networks in South Africa.

The policy aims to accommodate the accelerated deployment of electronic communications networks, such as LTE and 5G networks.

The policy gives mobile networks and other licensees the right to select, enter, and use public or private land for the deployment of their network infrastructure.

EMFSA: Objections

•The time allowed for objections is too short, an extension must be given so that all the citizens of South Africa can make informed decisions and understand the potential advantages and disavantages of the proposal.

•The Constitution was created by the South African Government to honour the rights of the people of the country.

The proposed new policy is in direct conflict of the constitutional rights of every South African as clearly stipulated in our Constitution. All citizens have fundamental rights that must be upheld and protected no matter where they live or who they are.

•Health, Safety and Environment

Any assurances and statements about the above should be discussed further with non-industry affiliated (independent parties) due to:

-In South Africa there are no legal standards/mandatory limits for cell tower emissions.

-No national emissions monitoring system exists.

•Local Control

It is our opinion that this proposal is designed to remove all local control from municipalities. This should be avoided at all costs. The proposal is a carbon copy of the FCC’s attempt at bulldozing the right of municipalities in favour of the industry, resulting in many court cases in the USA. https://news.bloomberglaw.com/tech-and-telecom-law/5g-infrastructure-fight-between-cities-fcc-to-continue-in-2020

•Concourt Rulings

The proposed policy is in direct conflict with South African Concourt rulings:

-Approval from local authorities https://www.emfsa.co.za/news/telkom-loses-concourt-battle-on-cellphone-masts/

 -Sectional title unit owners in whose interest a zoning scheme regulation was passed have the legal standing right to enforce it. It is this common law right that gives them legal standing.

https://www.emfsa.co.za/news/constitutional-court-judgement-mtn-rooftop-cell-mast-antenna/

•Reality

Hunger, poverty, corruption, lack of sanitation, job opportunities and electricity supply is the norm in South Africa. We object because the proposed policy will not address or improve these issues, despite industry hype.

It has come to our attention that foreign nationals are being subcontracted by the industry for the installation of 5G towers, taking work opportunities away from South African citizens.

Have your say – shape this policy. Click on the link “5G towers” below.

In addition: Written comments or objections to the draft policy, a copy of which can be found here, must be sent in writing to: The Acting Director-General, Department of Communications and DigitalTechnologies; for attention: Mr A Wiltz, Chief Director, Telecommunications and IT Policy at: rapid@dtps.gov.za

EMFSA:

We encourage our readers to share this information with your municipal councillors, mayors and political parties.

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