The Durban Anti-Cell Mast Alliance (Dacma) lobby group has launched an application in the KZN High Court (Durban) seeking an urgent review of what it says was a ‘secret deal’ between cellphone company MTN and the eThekwini Municipality which resulted in a proliferation of cell masts across the city.

According to a TimesLIVE report, the group alleges that the deal was struck in April 2016 – and it absolved MTN from following regulatory processes. They accuse MTN and the eThekwini Metro of disregarding by-laws and town planning schemes‚ and contravening national legislation and the Constitution.

Dacma spokesperson Niki Moore said the court action followed ‘two years of public outrage against these illegal cell towers’.

‘Despite numerous newspaper reports‚ community activism‚ council questions‚ applications via PAIA‚ legal correspondence and public meetings‚ neither eThekwini municipality nor MTN have done anything to explain how this situation came about‚ or whether they intend to rectify it.’

Both MTN and the municipality are expected to file opposing papers before the matter is set down for argument. Previously commenting on the issue‚ MTN said the arrangement‚ where the company used existing infrastructure such as high-mast lighting‚ telephone poles and CCTV surveillance towers‚ on a shared basis‚ was ‘above board’ and done ‘in good faith’ with eThekwini management.

Full TimesLIVE report