IVOR Dickson and Graham Mc Callum near a cellphone mast in Manor Gardens. The Durban Anti-Cell Mast Alliance is fighing the erection of masts in the city. Motshwari Mofokeng IVOR Dickson and Graham Mc Callum near a cellphone mast in Manor Gardens. The Durban Anti-Cell Mast Alliance is fighing the erection of masts in the city. Motshwari Mofokeng
Durban - A DURBAN lobby group claims the eThekwini Municipality has given carte blanche to a leading mobile communications company to erect cellphone masts in various areas.
MTN has allegedly broken the city’s by-laws and posed a potential health risk to residents, with more than 120 masts planted in greater Durban, according to the Durban Anti Cell-Mast Alliance.
Spokesperson Nicki Moore said the city signed a “hush” masts deal with MTN in 2015, but a high court application compelled the city to provide the group with a copy of the contract.
The cellphone mast contract stirred outrage in Durban communities in the past, with many residents claiming they had not been consulted before the contract was awarded.
Health issues were the other main concern.
The alliance lodged a court application in August, which was granted in December.
The city complied with the order earlier this month to disclose the agreement.
According to the contract, seen by the Sunday Tribune, the municipality had received R5000 per month for every mast MTN erected within its boundaries since September 2015.
Moore said that the contract did not reflect an end-date, where masts should be posted, and the number.
The masts were also not fitted with cameras, for the benefit of the city’s police service, as agreed, said Moore.
“There are 123 masts across the city and many do not comply with the spatial planning regulations.”
Moore said the masts were a blatant contravention of all the city’s by-laws and health and safety regulations.
“If this was a legitimate infrastructure project, there is a set of rules that needs to be followed. According to the Municipal Systems Act, a project of this nature requires a council resolution; a mandate from the council; a notice of a ‘delegated authority. So, why is there no trace of this process, nor any minutes of meetings, consultations, agreements, council resolutions, contracts, tenders or notifications?”
Moore said the agreement made provision for MTN to take immediate action to remedy any form of nuisance caused by the masts or the tenancy arrangement would be terminated.
Jacqui O’Sullivan, MTN’s corporate affairs executive, said it had more than 100 installed camera poles of which 57 required application for permission and retroactive approvals, after they were found to be non-compliant with city’s spatial planning regulations.
She confirmed that MTN made the monthly payments to the city.
“MTN initially agreed to an open-ended lease with the municipality which was revised into a draft shorter term agreement for review. That draft lease agreement is now part of this ongoing process to resolve the camera pole matter and MTN will be guided by the municipality on the way forward with the lease,” said O’Sullivan.
Municipality spokesperson Msawakhe Mayisela said he could not comment as the matter was still to be heard in court.