Proposed 5G policy would erode the rights of property owners, says lawyer

Despite strong opposition to the installation of two 5G cellphone masts in Ballito, residents may be fighting a losing battle against the roll-out of 5G technology.

New policy proposed by government and published in the government gazette by minister of communications and digital technologies, Stella Ndabeni-Abrahams last Wednesday, July 22 allows network providers the right to select, enter, and use public or private land for the deployment of new network infrastructure.

In early July KwaDukuza municipality overturned an application by American Tower South Africa (ATC), for the installation of two 5G cellphone masts, one in Karyn Ave in Ballito and the other in Zimbali estate.

Concerned residents challenged the initial application claiming the public participation process had been flawed.

The new policy does away with the red tape and allows mobile network operators to install telecommunications stations – cellphone masts – at locations of their choice without prior approval from local authorities.

ALSO READ: 5G masts: Ballito and Zimbali residents to get another say

The policy also states that should a home owner damage a network or facility on their property, they would have to cough up “compensation”.

Network providers wanting to erect a station on private property will be able to do so by giving the owner 30 days notice and will not have to compensate the land owner except in cases of “intrusive electronic communications networks or facilities, such as masts,” when a “reasonable access fee” may be charged.

At the heart of the residents’ concerns is the possible effect on property prices and health because 5G is a new technology, untested for safety.

The latest wireless network is intended to increase internet speeds.

Unlike the earlier 2G – 4G wireless technology, which use longer microwaves, 5G uses shorter waves which operate at higher frequencies and pulsation levels.

In addition, 5G generate more heat than 4G.

To prevent fire hazards, 5G masts are commonly installed with cooling fans that may run continuously.

Ballito attorney Andy Horton warned that the proposed policy by implication would erode the rights of property owners.

“Under the proposed policy the extra burden will fall on the property owner should access be disputed.

“An appeals tribunal has been proposed, however under 2.14 of the policy which says disputes may be resolved by the Complaints and Compliance Committee or an adjudicator appointed by the Independent Communications Authority of South Africa.

“How independent this authority will be is not clear,” said Horton.

The new policy also supersedes local authorities and strips control from municipalities.

“The revised rules will give wireless companies the right to erect 5G cell towers on an accelerated schedule without having to go through the current planning approval in place – allowing them to bypass municipal bylaws and policy that makes provision for a public consultation process.”

Ballito resident Mark Whitehead said the process appears not to be following the standard parliamentary oversight process and was poorly thought through.

“The current proposed legislation favours the network provider, and the framework is open to abuse,” he said.

The proposed legislation is also being disputed by the South Durban Community Environmental Alliance (SDCEA) environmental rights group.

Co-ordinator Desmond D’Sa said:

“The policy undermines the constitutional rights of property owners.

“Opposition parties and the public need to stand together to oppose this policy which will not only effect our property values but will pose health risks.”

Opposition party IFP have called on the government “to exercise caution” in the roll-out of 5G while the DA have come out in support of the policy.

The public have been given 30 days from the date of publication of the gazette to object, meaning that the closing date is August 20.

Comments can be submitted either in writing or by email to the acting director-general, department of communications and digital technologies (attention Mr A Wiltz) Private Bag X860, Pretoria, 0001, or rapid@dtps.gov.za.

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