Telkom has taken its battle with the City of Cape Town to the Constitutional Court, claiming the city does not have jurisdiction to decide where it can erect cellphone masts.

A Cape Argus report says in court papers Telkom states its concerns over the roll-out of telecommunications networks in SA and the conflict between national powers over telecommunications and municipal powers over municipal planning.

‘The roll-out of the 5G networks in SA will be the next important development in meeting the telecommunications needs of the country. If the SCA’s judgment is not overturned on appeal, it will substantially retard the ability of network licensees to ensure the effective and efficient rollout of this new network capability in SA, apart from impeding the roll-out of existing 3G and 4G networks,’ Telkom said in court papers.

But the city said it had the right to require in a by-law that land may not be used for masts unless it was appropriately zoned.

‘This court has struck down a series of statutes which compromise or impede municipalities’ ability and right to exercise their powers or perform their functions in relation to municipal planning,’ it stated in papers.

The report adds the case will be heard on Thursday.

Full Cape Argus report (subscription needed)