BRACKENFELL
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Woensdag, 9 Oktober 2019 | Tel: 021 910 6500 | e-pos: nuus@tygerburger.co.za
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CELLPHONE MASTS: UNLAWFULLY CONSTRUCTED
Court rules against Telkom DESIRÉE RORKE @dezzierorke
T
he Supreme Court of Appeals recently ruled against parastatal Telkom, who since 2016 went ahead and unlawfully erected seven cellphone masts – five of which are in the northern suburbs of Cape Town. Two were erected in Brackenfell, and one each in Durbanville, Welgelegen and Goodwood. At the time, Telkom planned to install 135 masts across Cape Town and went ahead and installed seven masts without obtaining approval from the City’s planning department, arguing that the municipal planning bylaw does not apply to them as a parastatal. The judgment was delivered on 25 September and followed on from an appeal Telkom lodged after the Western Cape High Court ruled in the City’s favour. In 2016, the City became aware of these masts after residents lodged complaints. “Telkom argued that they were free to install cellphone towers wherever they deem fit, irrespective whether the land is zoned for that use or not,” Mayco member for spatial planning and environment Marian Nieuwoudt, said in a statement to the media last week. “I’m pleased that the Supreme Court of Appeals dismissed this argument and that the judgment concurs with the order from the Western Cape High Court last year that Telkom is bound by the municipal planning by-law like all other developers and landowners in Cape Town.” She explains that all land in the City have a base zoning that determines how the land
may be developed and what it can be used for. This zoning, among others is stipulated in the municipal planning bylaw. “The unanimous judgement affirmed the City’s constitutional mandate to regulate the use of land within its municipal borders,” she said. “The court dismissed Telkom’s argument that it was free to install cellphone masts – at a location of its choice and without prior approval from the City,” she said. In 2016 Telkom built a base station and cellphone mast in Leetchfield Crescent, Vredekloof, in breach of the municipal bylaw. After being notified by the City to remove the tower, Telkom approached the Western Cape High Court to challenge the constitutionality of the bylaw in terms of the companies’ telecommunications mast infrastructure policy. Residents were astonished to see the Telkom mast suddenly arise in the far corner of a big guest house, bordering three other properties in close proximity. Leon Brynard, manager of the Vredekloof City Improvement District said: “It raised suspicion as nobody was aware of this planned tower. Residents just awoke one morning, and the tower was there. No plans were advertised, and no public comment solicited.” Brynard welcomed the judgement. He said residents ultimately do not want the unsightly tower near their homes, but fear that the process going forward, will merely be rubber-stamped. Niewoudt said, Telkom still has an opportunity to appeal to the Constitutional Court. “The City will wait until the end of this period which expires on 16 October 2019, to decide,” she said.
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Different is cool
Janke Smite, Dewald du Plessis and Yanika Geyer strut their stuff on the catwalk on Saturday 5 October. The fourth annual Different is Cool fashion show was hosted by Daniel and Friends Fund at Brackenfell Primary School. There was hardly a dry eye as almost 40 differently-abled children stepped onto the runway to enjoy the spotlight in their specially designed outfits, designed and sponsored by The Foschini Group. Families were also treated to a free outing to Bugz Playpark. More pictures on page 2. PHOTO: CANDICE RODRIGUES
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OFFER VALID FROM 9 OCTOBER – 19 OCTOBER 2019. WHILE STOCK LAST | PRICE VALID FOR BRACKENFELL STORE ONLY | LESS 10% ON ALL OTHER FABRICS.
All prices inclusive of vat.
Shop 14 Brackenfell Centre, Old Paarl Rd, Brackenfell. Next to KFC | Trading Hours Mon - Fri 09:00 - 17:00, Sat 09:00 – 15:00, Sun - Closed | Closed lunch me: Mon – Thur. 12:45-13:30, Fri 12:15 – 14:00.