Issue 07 – 2019

Posted on: April 26th, 2019 by STBBSiteOwner

ACCESS TO ELECTRONIC COMMUNICATIONS NETWORKS UNDER YOUR PROPERTY

Dennegeur Estate Home Owners Association and Another v Telkom SA SOC Ltd and Another (366/2018) [2019] ZASCA 37 (29 March 2019)

If Telkom was the incumbent network service provider in respect of a development managed by a homeowners association, could it argue that it could prohibit other service providers from deploying alternative facilities, such as a fibre-optic cabling network, in the existing infrastructure in the estate, or must the newcomer dig additional trenches and lay new ducts to do so? The Supreme Court of Appeal held in this matter that Telkom did not possess the vacant space in the ducts and sleeves which was subsequently occupied by Vodacom and that Vodacom’s installation of fibre-optic cabling in the existing ducts was therefore not an act of spoliation.

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The Judgment
Summary of the Judgment

MUST A HOME BUILDER THAT IS A TRUST REGISTER WITH THE NHBRC?

National Home Builders Registration Council v Adendorf and Others (406/2018) [2019] ZASCA 20 (26 March 2019)

There has been a handful of judgments dealing with the requirement imposed on home builders to register with the National Home Builders Council. In this matter, the Court was asked to decide whether or not a Trust fell within the relevant definitions that determined that no ‘person’ shall carry on the business of a home builder unless that person was registered as a home builder with the Council. The Supreme Court of Appeal dealt thriftly with the arguments of the Trust that it was not a ‘person’ for purposes of this legislation.

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The Judgment
Summary of the Judgment

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