A bit of clarity on this article. It is not based on the policy directive, but rather a response to a written Q&A in parliament. 5G towers are specifically mentioned and it is the focus of the question:
Mr W M Thring (ACDP) to ask the Minister of Communications:
Whether, in light of the recently proposed new policy that seeks to give permission to allow mobile networks to build cell phone infrastructure, such as 5G towers on private property, she has given due consideration to health and environmental impact assessments that must be conducted for a policy that seeks to encroach on the property rights of South African citizens; if not, what is the position in this regard; if so, what are the further relevant details?
Reply by the minister
On 22 July 2020 the department published the proposed policy and policy direction on the rapid deployment of electronic communications networks and facilities, for comment by the public. The proposed policy is not a 5G policy. The country’s 5G policy will be developed in 2021, and will also follow a public consultation process first.
It should be noted that the South African government relies on studies conducted by the likes of the International Telecommunication Union (ITU), World Health Organization (WHO) and International Commission on Non-Ionizing Radiation Protection (ICNIRP). South African mobile networks have evolved since the early 90’s from 2G to 3G, then 4G and are now moving to 5G. These networks are using almost the same spectrum. The difference with 5G is that it will also use spectrum in the bands above 6GHz (millimetre wave).
An electronic communications network service licensee has the right in terms of section 22 of the Electronic Communications Act, 2005 to enter upon any land to construct electronic communications networks and facilities. The Act provides that a licensee must, when constructing networks, have due regard to applicable law and the environmental policy of the Republic.
The proposed policy is aligned with the National Integrated ICT Policy White Paper and provides that a licensee must provide environmental and health information to the property owner in advance. The property owner or a licensee may, where the dispute has a significant impact on the environment, refer any difference or disagreement to relevant authorities, in accordance with the National Environmental Management Act, 1998.
The Constitutional Court, in the City of Tshwane Metropolitan Municipality and Link Africa case, confirmed the constitutionality of section 22 of the Act that the proposed policy is based on.