TELKOM INFRASTRUCTURE IN RESIDENTIAL ESTATES
Telkom SA SOC Ltd v Residential Estate Dennegeur (Pty) Ltd and Another (22032/2016) [2017] ZAWCHC 76 (26 July 2017)
This matter deals with an urgent application brought by Telkom against a Homeowners’ Association (HOA) and Vodacom, after the HOA permitted Vodacom onto the HOA’s premises to install a fibre optic network into Telkom’s existing telecommunications infrastructure. This was for the provision of fibre optic services to the owners in the estate as the HOA could not reach agreement with Telkom to provide such services. The question that arose here was whether Telkom was in “possession” of the underground ducts and cables so that it could successfully apply for “restoration of its possession”?
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The Judgment
Summary of the Judgment
STBB’S STSMA REFERENCE GUIDE
In this, the thirty-fourth set of notes for your STSMA Reference Guide, Prescribed Management Rule 13 is discussed.
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Prescribed Management Rule 13
(N.B. Print in landscape)