A moratorium on fibre installations on Johannesburg's East Rand, imposed by the Ekurhuleni Metropolitan Municipality (EMM), over two weeks ago, is still raising the ire of affected parties, and legal proceedings are afoot.
According to Juanita Clark, CEO of fibre industry activist group FTTH Council Africa, the moratorium, which she says is illegal, could result in close to 5 000 job losses and a financial beating of R150 million for the industry. For this reason, she says: “[Although] we don't want to fight and get involved in a legal battle, the issue cannot keep on being postponed.”
The EMM summarily imposed a moratorium on fibre installation work being done on the East Rand on 20 March, allegedly with no forewarning. Clark says companies were told to pack up their sites and leave. “The EMM later sent a mail saying that current projects may be completed, but no new approvals would be granted, or [companies] would be sued.”
At the time, Clark said the EMM's actions constituted a violation of the Electronic Communications Act, and the moratorium was, therefore, illegal. The EMM's justification for the moratorium was an audit of the location of fibre-optic cables and the “refining of internal processes”.
Legal threat
The EMM did not remove the moratorium last week, but responded by saying it was not intended to violate the rights of electronic communications network licensees. The purpose of the moratorium, said the EMM, was to deal with the multiple issuing of wayleaves in a co-ordinated manner.
Clark says the EMM indicated it would “welcome the prospect of engaging in dialogue with the FTTH Council Africa with a view to achieving an amicable resolution”.
However, since then, says Clark, the EMM has shunted the group from pillar to post, evading resolution. “They are just not coming to the party to lift the moratorium and the fact is that it remains illegal.
“We have received several comments from [the EMM's] legal department indicating the moratorium will be lifted, but it is being postponed on a daily basis. Unfortunately, we are now left with no alternative, but to proceed via the legal system.”
EMM CIO Lillian Phahla did not respond to requests for comment by the time of publication, but an EMM spokesperson confirmed the EMM and heads of the relevant departments would meet today to discuss the issue and that feedback would be provided in due course.
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