THE case over the erection of allegedly illegal cell masts in Durban will be heard in the Durban High Court on Friday, 23 October, after a four-year battle by residents to have them taken down.
Glenwood resident, Niki Moore, former spokesperson from the Durban Anti-Cell Mast Alliance, a residents lobby group created in 2017 to protest the alleged illegal roll-out of MTN cell masts across Durban, lodged papers in the Durban High Court in August 2019, asking for a review of what she called a ‘secret deal’ that cellular company MTN concluded with the eThekwini Municipality in April 2016.
Moore said in terms of the deal, the eThekwini Head of Disaster Management absolved MTN from any regulatory processes when they put up their infrastructure across the city.
The filing of the papers took place after almost two years of public outrage against these cell towers, and despite numerous newspaper reports, community activism, council questions, applications via PAIA, legal correspondence and public meetings, nothing had been done to explain how this situation came about, or whether it would be rectified.
ALSO READ: MTN faces court challenge to illegal roll-out of cell masts
In the court papers, Moore said MTN and eThekwini Metro are accused of disregarding by-laws, disregarding town planning schemes, contravening national legislation such as NEMA, health and safety guidelines and the Civil Aviation Act, contravening Section 33 of the Constitution, contravening PAIA, contravening PAJA, contravening the Municipal Systems Act, and committing fraud.
“We were forced to go to court because this infrastructure roll-out was completely unprocedural, with the result that MTN put up cell masts, hundreds of them, next to creches, schools, old age homes, on people’s pavements, in play parks, right outside their homes, with absolutely no consultation, no site planning, no permissions, no scoping, no public process,” said Moore.
Since the filing of the papers, in May 2019 MTN admitted some of what they refer to as ‘camera poles’ were not in the position they were advertised for
and withdrew 11 of the applications, stating the coordinates on the application and document would be corrected and these sites would be resubmitted.
Moore said the municipality attempted to cut the reapplication of the sites out of the process, but she and the other applicants had included this in their replying affidavit.
She said as a result of this, MTN would not be opposing the replying affidavit and would abide by the court decision.
ALSO READ: MTN withdraws 11 cell mast applications in Durban
Moore said the hearing on Friday was the end of a very long and painful journey for her and the other eight applicants.
“I feel very confident and relieved that we are finally seeing the end of this process. This is to show the little guy that you must stand up and do something if you are not happy about what is happening in your city. The municipality and MTN thought they could do as they pleased and residents had no say. We are hoping that this court case will make both municipalities and mobile telephone companies stop and think about their reckless actions,” she said.
EThekwini Municipality had not responded to requests for comment at time of going to print.
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