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

The policy aims to accommodate the accelerated deployment of electronic communications networks, such as LTE and 5G networks, and has significant implications for land and property owners if it is implemented in the current form.

Some of the most contentious provisions in the proposed policy would allow mobile networks and other licensees the right to select, enter, and use public or private land for the deployment of their network infrastructure.

The result of the policy as it stands would be the creation of new rights for service providers over the property of others with serious drawbacks for property owners:

1. Any infrastructure would belong to the network which built it, and property owners will be required to avoid damage to facilities built on their property.
2. If the electronic communications networks or facilities are damaged due to the fault of a property owner, compensation will be payable by the property owner.
3. Property owners may not charge companies for building infrastructure on their property, except under certain conditions.
4. The infrastructure could include more intrusive electronic communications networks or facilities, such as masts, that may be erected on a property.

The Resolve team has the experience and the expertise to develop and execute a concerted public relations and stakeholder engagement campaign that ensures our clients’ voice is heard in the various democratic and media opportunities that exist. This will be geared towards ensuring that the proposed policy does not harm their interests.