Lisa Thornton Inc

ICT-related South African Government Documents

This webpage is a work in progress. If you do not find something that you are looking for, please let us know. Also please let us know if you cannot open any of the documents listed.

This page provides access to High Court decisions including decisions of the Competition Tribunal and the Constitutional Court. You may access other government documents on these webpages: Legislation, Regulations, Pending proceedings, and Other useful Government Documents.

Telkom SA SOC Ltd v City of Cape Town and Another, (1038/2018) [2019] ZASCA 121 (25 September 2019 - The Court dismissed an appeal by Telkom, which claimed that it did not need obtain local zoning approval from the City of Cape Town before installing telecommunications towers and masts.
Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others, (25978/2017) [2019] ZAGPPHC 384 (16 September 2019) - certain provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act are unconstitutional, and the practice of bulk surveillance in South Africa is not authorised by any law and therefore unlawful
Dennegeur Estate Home Owners Association and Another v Telkom SA SOC LTD (Case No: 366/2018), unreported judgement of the Supreme Court of Appeal delivered 29 March 2019 - decision that Telkom does not have exclusive use of ducts owned by HOA just because it installed electronic communications facilities first
Media 24 v Competition Commission (Case No: 146/CAC/Sep16), unreported judgment of the Competition Appeal Court delivered 19 March 2018 - decision of the Competition Tribunal set aside, re predatory pricing

The Competition Commission v Independent Media and Caxton and CTP Publishers and Printers (Case No: CO258Jan 18), unreported decision of the Competition Tribunal delivered 1 March 2018 - Consent Agreement confirmed.

Telkom v Residential Estate Dennegeur and Vodacom (Case No 22032/2016, unreported judgment of the Western Cape Division, Cape Town High Court delivered 26 July 2017 - Court ordered estate to restore possession of ducts and other equipment to Telkom and ordered Vodacom to remove fibre from the equipment.

Electronic Media Network Ltd and Others v e.tv (Pty) Ltd and Others (Case CCT 140/16, 141/16 and 145/16), [2017] ZACC 17 - Decision of the Supreme Court of Appeal set aside and Minister's decision to amend the digital migration policy re set top boxes without consultation, upheld. e.tv (Pty) Ltd and Others v Minister of Communications and Others, unreported judgment of the Supreme Court of Appeal delivered 31 May 2016 - Minister's decision to amend the digital migration policy re set top boxes, without consultation, was overturned.

Telkom SA SOC Limited v Dr Stephen Mncube NO and Others; Mobile Telephone Networks (Pty) Ltd v Ms Katharina Pillay NO and Others; Cell C (Pty) Ltd v The Chairperson of ICASA and Others, unreported judgment of the Gauteng Division, Pretoria High Court delivered 26 Feb 2016 - ICASA's decision to approve the Neotel / Vodacom set aside

Gregory Ernest Harvey v Bruce Desmond Niland and Others, unreported judgment of the Eastern Cape Division High Court delivered 3 Dec 2015 - electronic evidence allowed even though obtained illegally

Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash Combined Motor Holdings Ltd and Another, judgment of the Supreme Court of Appeal of South Africa (725/13 [2014] ZASCA 178 (21 November 2014) - a name at the end of an email is a digital signature in terms of the Electronic Communications and Transactions Act

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Ltd (Case No 20119/2014), judgement of the Supreme Court of Appeal of South Africa decided 1 Oct 2014 - upholding decision in Case No 2763/2014, judgement of the High Court of South Africa, KwaZulu-Natal Division decided 14 April 2014 - section 22 of the Electronic Communications Act does not require licensees to obtain permission from land owners to construct electronic communications facilities, however, the exercise of rights under section 22 is administrative action and is subject to the constraints set out in the Promotion of Administrative Justice Act
City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd and Others (Case No 6859/2014) judgement of the High Court of South Africa in the Gauteng Division, decided 27 March 2014
Wireless Business Solutions (Pty) Ltd v The Independent Communications Authority of South Africa (Case No 2013/11814), judgment of the High Court of South Africa decided April 2014 - WBS' application to have its confiscated equipment returned and that it be allowed to operate on expired spectrum licences was dismissed
Mobile Telephone Networks (Pty) Ltd v The Independent Communications Authority of South Africa and Others (Case No 2014/04699) and Vodacom (Pty) Ltd v The Independent Communications Authority of South Africa and Others (Case No 2014/6710), judgment of the High Court of South Africa decided 31 March 2014 - declared 2013 call termination regulations invalid; suspended for six months
The Competition Commission v Telkom SA Ltd (Case No 016865, unreported judgment of the Competition Tribunal decided 18 July 2013) - confirmed as an order the settlement agreement between the Competition Commission and Telkom in respect of the appeal of the Case No 11/CR/Feb04 judgment
The Competition Commission v Media24 (Pty) Ltd (Case No 92/CR/Oct11, unreported judgment of the Competition Tribunal delivered 28 March 2013) - Commission granted leave to file supplementary founding affidavit
The Competition Commission v Telkom SA Ltd (Case No 73/CR/Oct09, unreported judgment of the Competition Tribunal delivered 13 Feb 2013) - Dismissed Telkom's request for access to internal deliberations of Competition Commission in respect of the matter involving Telkom's abuse of dominance in the wholesale Internet access market
MTN (Pty) Ltd v SMI Trading CC [2012] ZASCA 138 SCA - ordered MTN to leave premises where tower had been erected after the conclusion of its contract with the landowner
The Competition Commission v Telkom SA Ltd (Case No 11/CR/Feb04, unreported judgment of the Competition Tribunal delivered 7 Aug 2012 - ordered Telkom to pay fine of 449 million rand re dispute with Vans providers
Caxton and CTP Publishers and Printers Ltd v Competition Commission and Others (Case No 13/X/Feb11, unreported judgement of the Competition Tribunal delivered 25 July 2011) - decision of the Commission set aside and matter remanded
The Competition Commission v Telkom SA Ltd (Case No 11/CR/Febr04, unreported judgement of the Competition Tribunal delivered 22 June 2011)
Phutuma Networks (Pty) Ltd v Telkom SA Ltd (Case No 37/CR/July10, unreported judgment of the Competition Tribunal delivered 2 March 2011) - complaint dismissed
Telkom SA Ltd v The Competition Commission and Another (Case No 55/CR/Jul09 and 73/CR/Oct09 and 78/CR/Nov09, unreported judgment of the Competition Tribunal delivered 4 Feb 2011) - procedural decision dismissing Telkom's attempt to have the matter dismissed
Freedom of Expression Institute v Chair, Complaints and Compliance Committee and Others (Case No 2009/51933, unreported judgement of the South Gauteng High Court)
The Competition Commission v Telkom SA Ltd (Case No 11/CR/Febr04, unreported judgment of the Competition Tribunal delivered 14 Dec 2010) - procedural decision allowing the CC to rectify pleadings
Gogga Tracking and Vodacom (Case No 09/IR/Mar10, unreported judgment of the Competition Tribunal delivered 7 June 2010)
Directory Solutions cc and Telkom SA Ltd Truden (Pty) Ltd (Case No 77/IR/Nov09, unreported judgment of the Competition Tribunal delivered 8 April 2010)
The Competition Commission of South Africa v Telkom SA Ltd - complaint originally submitted by SAVA (Case No 623/2008, unreported judgment in the SCA delivered 27 Nov 2009)

Islamic Unity Convention v Minister of Telecommunications and Others (Case No 06/3431, unreported judgment in the WLD dated 20 April 2007)
MTN (Pty) Ltd v Chairperson of ICASA and Another (Case No 21349/04, unreported judgement in the Witwatersrand Local Division of the High Court dated 26 February 2002)

Altech, Vans licence conversion judgments

Merger Decisions of the Competition Tribunal