Published by EMFSA | 28 June 2026

Data centre approval processes in South Africa do not have standalone municipal policies.

1. Municipalities like Cape Town, Johannesburg, and Tshwane typically regulate data centres through

• Land-use rezoning or consent-use applications (industrial/business zoning)
• Building plan approvals
• Environmental and noise impact assessments (where triggered)

Broader planning and infrastructure systems in South Africa incorporate data centre approval processes.

2. Data Centre Approval Processes in South Africa and planning frameworks

The available regulatory structure does not include a standalone municipal policy dedicated exclusively to data centres.

Data centre approval processes in South Africa involve:

• Spatial development frameworks (SDFs)
• General zoning schemes
• Infrastructure capacity constraints (power/water)

This reflects a wider African approach where regulators apply general ICT, land-use, and infrastructure frameworks to data centres.

3. Communications infrastructure

Regulators often classify and assess data centres as part of the broader communications and digital infrastructure ecosystem.

Licensing of ICT/network services

In South Africa, regulators like ICASA control parts of the ecosystem:

• Telecommunications and network services require licences and
• Interconnection and infrastructure rules apply to carriers and operators

Telecom frameworks indirectly regulate data centres that host telecom infrastructure or provide connectivity services:

• A hyperscale data centre depends on telecom carriers for connectivity
• Licensing and regulatory obligations apply to telecommunications carriers.
• Spectrum, interconnection, and compliance rules can constrain infrastructure rollout.

Other indirect controls in South Africa

• Water and electricity regulation (critical for cooling and grid capacity)
• Environmental permitting (NEMA processes where applicable)
• National ICT policy direction (cloud/data strategy encouraging migration and infrastructure growth)

Critical infrastructure

Critical infrastructure increasingly includes data centres because they support essential services, government operations, finance, healthcare, communications, and national security.

The South African government has announced plans to designate data centres as critical infrastructure, under the Critical Infrastructure Protection Act however, implementation has not yet occurred.

Telecommunications networks are globally regarded as critical national infrastructure.

Military infrastructure

Data centres owned or operated by the armed forces would be classified as military infrastructure.

Defence bases, weapons systems, command-and-control facilities, and dedicated defence communications networks all fall within military infrastructure.

Key takeaway

• South Africa has no dedicated municipal data centre policy framework
• Approval is handled through standard zoning, infrastructure and environmental processes
• Telecom licensing, grid constraints, and infrastructure law shape data centres
• Datacentres are increasingly recognised as critical infrastructure

 References: 

South Africa: The National Policy on Data and Cloud – Some highlights https://bowmanslaw.com/insights/south-africa-the-national-policy-on-data-and-cloud-some-highlights/

Legal aspects of data centres in Africa https://www.clydeco.com/en/insights/2026/april/legal-aspects-of-data-centres-in-africa

Why the clouds of secrecy over the impacts of SA data centre growth? (Part 4/5) https://henrynxumalofoundation.co.za/why-the-clouds-of-secrecy-over-the-impacts-of-sa-data-centre-growth/

Data centre ‘critical infrastructure’ tag welcomed, but detail still thin https://techcentral.co.za/data-centre-critical-infrastructure-tag-welcomed-but-detail-still-thin/278229/

* Photo by İsmail Enes Ayhan on Unsplash

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Abstract

In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa’s power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies.

https://perjournal.co.za/article/view/11839

Copyright (c) 2022 Felix Dube, Chantelle Moyo

AUTHOR BIOGRAPHIES

Felix Dube, North-West University

Postdoctoral fellow: South African Research Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West University

Chantelle Moyo, North-West University

PhD Researcher: South African Research Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West University

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Time: 3pm South African Time

Webinar Topic: The new WHO (World Health Organization) EMF Project South African Committee and Chair have been appointed. Implications will be discussed during the webinar.

Cost: Completely free and open to all.

Presenter: Mr. J. Lech

Contact us at https://www.emfsa.co.za/contact/ for the link to attend.

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Rain had 5,500 active 4G and 447 active 5G sites in South Africa as of the end of April 2020. https://mybroadband.co.za/news/cellular/367418-rains-extraordinary-valuation.html

According to TechCentral, Rain has nearly 7 000 4G sites and 685 5G towers in use (as at the end of December 2020).

“….The aim is to increase this to 1 150 towers by February 2022. Ultimately, more than 2 000 5G towers in larger metropolitan areas throughout South Africa are planned…”

The timeframe isn’t completely clear, but it looks like the operator plans to erect its 2,000 5G towers by 2023.

Source: Rain targets 2 000 5G towers as valuation hits R17.1-billion

https://techcentral.co.za/rain-targets-2-000-5g-towers-as-valuation-hits-r17-1-billion/105855/?

Rain’s network problems and poor support top of mind, promises ARC CEO 

African Rainbow Capital Investments (ARC) co-CEO Johan van Zyl admitted that Rain’s network quality is not good enough and that they are working hard to address the problems.

ARC released its interim financial results on 18 March 2021 which revealed that its 20.37% shareholding in Rain makes up 27.3% of the fund’s total value.

As the largest contributor to the ARC fund’s value, Rain plays an important part in the company’s success.

Read more at  https://mybroadband.co.za/news/cellular/390040-rains-network-problems-and-poor-support-top-of-mind-promises-arc-ceo.html

Rain targets 2m customers, reaches R17.1bn valuation

https://www.itweb.co.za/content/kLgB17e8oaov59N4

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 https://doi.org/10.1111/1365-2664.13799

Win-win for wind energy and eagles

06 January 2021

By BES Press Office

Researchers create new tool that allows wind turbine developers to minimise risk of collisions with eagles. The findings are published in the Journal of Applied Ecology. https://www.britishecologicalsociety.org/win-win-for-wind-energy-and-eagles/

Ralston Paton, S., Smallie J., Pearson A., and Ramalho R. 2017. Wind energy’s impacts on birds in South Africa:

A preliminary review of the results of operational monitoring at the first wind farms of the Renewable Energy Independent Power Producer Procurement
Programme in South Africa.

BirdLife South Africa Occasional Report Series No. 2. BirdLife South Africa, Johannesburg, South Africa

https://www.birdlife.org.za/wp-content/uploads/2018/06/Wind-Energy-and-Birds-Impacts.pdf

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Communications and Digital Technologies SOEs merge: https://tinyurl.com/yc8pcblv

Extract:

The performance agreement with the President is legally binding and will be used for measuring the success of the department. Targets in the agreement include the following:

• Eighty percent of the population must have access to the internet by 2024.
• Policy direction in relation to 5G must be issued by December 2021.
• A reduction in the cost of data must be achieved.
• Monitoring of ICASA and ensuring that the regulator is adequately resource to license 4G spectrum.
• Repositioning of the State Information Technology Agency (SITA) to drive the use of local technologies.
• Completion of decoder rollout and switching off analogue transmitters for the Broadcasting Digital Migration project by 2021, and rearranging of spectrum radio frequencies.
• Release of special dividend by 2023.

Internet changes planned for South Africa – including lower data prices and 5G roll-out https://businesstech.co.za/news/internet/457390/internet-changes-planned-for-south-africa-including-l

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https://www.icasa.org.za/news/2020/fees-for-the-extended-use-of-the-temporary-radio-frequency-spectrum

27 November 2020

Pretoria – In light of the fact that the auctioning of the high demand spectrum will occur in March 2021, the Council of the Independent Communications Authority of South Africa (ICASA/Authority) has approved the amendment of the ICT COVID-19 National State of Disaster Regulations in order to extend the validity period of the temporary assignment of radio frequency spectrum (“temporary spectrum”) to no later than 31 March 2021. The initial date within which the temporary spectrum was supposed to be returned to the Authority was 30 November 2020.

The Council has also resolved that all licensees who have been assigned temporary spectrum and wish to continue using it for extended period (i.e. until 31 March 2021) will be required to pay the prescribed radio frequency spectrum licence fees.

In releasing the initial temporary spectrum to meet the high demand of services during high levels of the lockdown and the national state of disaster, the Authority did not require any payment of fees for use of such spectrum. “We are aware that licensees generated and reported revenue growth during this period. We have therefore resolved that, in addition to fulfilment of the obligations imposed with the release of temporary spectrum, the extended use of spectrum must be at a fee as provided for in the amended regulations”, says ICASA Chairperson, Dr Keabetswe Modimoeng.

As regards spectrum sharing arrangements which may have been implemented in accordance with regulation 6(10), (11) and (12) of the ICT COVID-19 National State of Disaster Regulations, the Authority advises that the continued validity of such arrangement is to be subject to specific renewal and/or approval process by the Authority.

Read more at: https://www.icasa.org.za/news/2020/fees-for-the-extended-use-of-the-temporary-radio-frequency-spectrum

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By Juan Pedro Tomás on OCTOBER 28, 2020

Nokia announced that it is has deployed 5G radio, core and fixed network solutions across South African operator Vodacom’s network.

In a release, the Finnish vendor said that Vodacom is using Nokia’s 2G, 3G, 4G and fiber access networks, as well as 5G fixed wireless access (FWA) and mobile broadband services.

As part of the deal, Nokia is supplying its AirScale, Fastmile and Subscriber Data Management (SDM) / Home Subscriber Server (HSS) products to Vodacom to enhance its service offering.

Nokia’s AirScale radio network product portfolio will enable Vodacom to deploy 5G services across several spectrum bands, including the new 3.5 GHz, 2.6 GHz and 700/800 MHz bands which will be auctioned by South African regulator (ICASA) before the end of March 2021.

Vodacom will also use Nokia’s FastMile 5G gateway to offer FWA broadband services in areas not currently served by a fiber network.

Read more at: https://www.rcrwireless.com/20201028/5g/vodacom-selects-nokia-5g-services-south-africa

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Source: https://mybroadband.co.za/news/5g/369541-telecoms-companies-have-the-right-to-build-a-5g-tower-in-your-yard-minister.html

An electronic communications network service licensee has the right to enter upon any land to construct electronic communications networks and facilities.

This was feedback from Communications Minister Stella Ndabeni-Abrahams who was answering a question in Parliament from the ACDP’s Wayne Maxim Thring.

Thring questioned Ndabeni-Abrahams on a new policy that seeks to give permission to allow mobile networks to build cell phone infrastructure, such as 5G towers, on private property.

He asked whether she has given “due consideration to health and environmental impact assessments that must be conducted for a policy that seeks to encroach on the property rights of South African citizens”.

Ndabeni-Abrahams responded, saying the Electronic Communications Act, 2005 allows telecoms providers to enter upon any land to construct electronic communications networks and facilities.

She added that a licensee must, when constructing networks, have due regard to applicable law and the environmental policy of the Republic.

Commenting on the new policy was aligned with the National Integrated ICT Policy White Paper and provides that a licensee must provide environmental and health information to the property owner in advance.

“The property owner or a licensee may, where the dispute has a significant impact on the environment, refer any difference or disagreement to relevant authorities,” she said.

“The Constitutional Court, in the City of Tshwane Metropolitan Municipality and Link Africa case, confirmed the constitutionality of section 22 of the Act that the proposed policy is based on.”

New 5G policy next year

Ndabeni-Abrahams said they published the proposed policy and policy direction on the rapid deployment of electronic communications networks and facilities for comment on 22 July 2020.

She highlighted that this rapid deployment policy and policy direction, however, is not a 5G policy.

“The country’s 5G policy will be developed in 2021, and will also follow a public consultation process first,” Ndabeni-Abrahams said.

Commenting on the health and environmental impact of 5G, she said the South African government relies on studies conducted by the likes of the International Telecommunication Union (ITU), World Health Organization (WHO) and International Commission on Non-Ionizing Radiation Protection (ICNIRP).

Read more at: https://mybroadband.co.za/news/5g/369541-telecoms-companies-have-the-right-to-build-a-5g-tower-in-your-yard-minister.html

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By Siphelele Dludla

 JOHANNESBURG – World Wide Worx said on Friday that the telecommunications regulator should look into lowering the price of the 5G frequency spectrum auction so that South Africa could enjoy the best quality internet services.

In a study released on Friday, World Wide Worx managing director Arthur Goldstuck said communications service providers were unanimous that a high price for bidding on spectrum for high-speed mobile broadband will have a direct impact on the quality of the service.

The World Wide Worx study was based on interviews with the country’s four major mobile network operators, and 21 internet and communications service providers.

Read more at https://www.iol.co.za/business-report/economy/telecom-regulator-should-look-into-lowering-price-of-5g-at-auction-b81d0bb3-db3e-45f7-8d39-5b7ae432549a

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