By Zinta Strydom – Commercial Director of Riche Attorneys
South Africa has one of the largest Information and Communications Technology (“ICT”) markets in Africa and is a leader in the mobile software field, software and banking services. The construction of towers, whether residential, commercial, or mixed-use, is a complex and regulated process. In the property and technology industry, towers have become a symbol of urbanization and technological advancement. However, as the demand for tower development continues to rise, so do the legal complexities surrounding their construction and operation.
Telecommunications Laws and Regulations The telecommunications industry is heavily regulated, particularly when it comes to tower development. Any party who deploys a physical network within South Africa for purposes of providing connectivity services, needs to obtain an electronic communications network service (“ECNS”) license and/or an electronic communication service (“ECS”) license for the provision of connectivity services.
Administrative Compliance – Building and Municipality There are several administrative approvals required before construction of towers commence, failing which the building of the tower will be unlawful. Zoning laws dictate how land can be used and developed within a particular area. Other required approvals include building plans and municipality approvals, which policy requirements and bylaws differ from each provincial jurisdiction in South Africa (confirmed in Telkom SA SOC Limited v City of Cape Town and Another 2020).
Environmental and Safety Regulations Towers can have a significant impact on the environment and environmental authorisation is mostly required.
Whilst the public has a right to participate and object to a special consent application for a cellphone tower, the process for approving building plans is not subject to public scrutiny. It is however important for applicants to follow the correct processes and have regard to the public’s best interests.
