The Electronic Communications Act 36 Of 2005 And Network Service License - Property And Vehicle Sections And Acts - Law Assignment Help

Assignment Task -

INSTRUCTIONS:

1. This assessment is due on 23 November 2020 at 09h00. 

2. You have a 72 hour time period in which to upload this paper, and you should budget  approximately 6 – 8 hours in total to complete the paper. 

3. All questions must be answered, and each must be typed out on a separate document and  uploaded in the relevant assignment page.

Question 1-

Fastnet is an electronic communications network service licensee in terms of the Electronic  Communications Act 36 of 2005. They intend to install a network of 5G cellphone masts across the  country on sites. One such site belongs to Kelebogile. His property, currently zoned ‘Residential 1’ in  terms of the City of Johannesburg’s by-laws, is in a quiet and tranquil suburb and allows only for low density residential buildings. He has always loved the fact that there is very poor cellphone connection  because it means he can conduct his meditation practice in peace every day. 

As such, he is very disturbed when he receives a formal notice from Fastnet advising him that they have  identified his property as a site to install one of their cellphone masts and that they intend to do so in  exactly 30 days. The notice also advises Kelebogile that Fastnet intends to apply to the City of  Johannesburg to have a tree on his property cut down as it will interfere with the cellphone mast.  Kelebogile informs Fastnet that he intends to tie himself to the tree – even though the tree is not an  endangered species, he regards the tree as sacrosanct and will refuse to comply with any order to cut  down the tree.

Question 2 -

Jimmy Francis lives in a backyard shack in Manenberg, Cape Town. He works as a waiter at Spur in Cape  Gate. He earns R2500 per month. It costs him R800 in rent per month to live in his backyard shack, which  he shares with his wife and newborn son. With the rest of his income, he can feed his family and travel to  and from work. 

When the COVID-19 pandemic hits South Africa, the government, acting in terms of its powers under  section 27 of the Disaster Management Act 57 of 2002, declares a National State of Disaster. In  Regulations issued under the Act, to limit the spread of COVID-19, the government closes all restaurants  and nightclubs for several months. It also bans all evictions from homes for a brief period, before  allowing eviction orders to be granted and carried out provided that a court may stay the execution of an  eviction until the National State of Disaster is lifted.

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