City does an about-turn on mast debacle
EThekwini Metro has until the end of October to furnish reasons to the court why it is not prepared to release the documentation on its deal with MTN.
DESPITE a public undertaking to co-operate with the Durban Anti-Cell Mast Alliance (DACMA) with regard to its ‘secret deal’ with MTN, the City has instead filed belated opposing papers in the High Court.
According to Niki Moore, spokesperson from DACMA, this means that eThekwini Municipality wants to keep secret the arrangements it made with MTN regarding the allegedly irregular infrastructure roll-out that MTN undertook in 2016.
In August 2018, DACMA approached the High Court for an order to compel the City to reveal its documentation and processes involved in the massive infrastructure roll-out with cellular service provider MTN.
Moore said the City had now indicated that it was not prepared to furnish this information and would oppose the application compelling them to do so.
“What has made the city change its mind? All we want is to see the documentation around this process which resulted in hundreds of cell masts being put up across Durban without any compliance. The fact that both MTN and the City are now resisting an attempt to get clarity, shows that they have something to hide. The City ignored our Promotion of Access to Information (PAIA) request and now they are opposing a court order,” said Moore.
The ‘secret deal’ started in March 2016 when MTN signed a number of lease agreements with eThekwini Head of Disaster Management Vincent Ngubane to put up cellular base stations across Durban on municipal property.
Moore said the lease agreements make it very clear that MTN is required to comply with all regulations and laws.
However, when the masts began to go up the City explained to enquiring residents that they were ‘camera poles’ for CCTV cameras and therefore needed no compliance. There was no mention of cell masts.
However, when the MTN cellular antennae were attached instead of cameras, residents began asking questions.
ALSO READ: MTN faces court challenge to illegal roll out of cell masts
“None of these questions have been answered satisfactorily. City officials have alleged that they were instructed by Vincent Ngubane to allow the masts to be erected and activated with no processes being followed. MTN has consistently issued vague, contradictory and inconsistent explanations for the roll-out,” said Moore.
MTN admitted in March 2018 that the masts were the result of a ‘misalignment’ and that they were working to make them compliant.
The City issued a statement to say that none of the non-compliant masts were operational. Moore however claims that neither of these statements is true.
“We were forced to bring this matter to court because we kept getting nonsensical explanations for what is going on, none of which was backed up with documents. We were extremely happy when we were informed the City would co-operate. We believed that an investigation, supported by proper documentation would reveal the truth and provide some context. Now the City has indicated they will not co-operate,” she said.
Moore said eThekwini Metro has until the end of October to furnish reasons to the court why it is not prepared to release the documentation.
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