no explicit mention of this in section 22(1) is straightforward. . 19 In interpreting the term with due regard to applicable law the Supreme Court of Appeal in MTN stated that it imposed a duty on the licensee to consider and submit to the applicable law. That can never. . It was acting, and expressed itself to be acting, solely as a government entity. . Currently, South Africas access to broadband telecommunications sorrowfully lags behind comparable countries. . A spinal cord injury doesnt care what you look like. A tenable explanation why no explicit mention was given to expropriation in section 22 is the fact that electronic communication network services are now provided by private persons and not only by the state, as was the case previously. .
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Mobile Telephones conduct triggered yet another application by SMI Trading in the Gauteng Local Division of the High Court, Johannesburg. . 63 The impugned provisions fail to strike a fair balance between the general public interests in the rapid rollout of the facilities in question and the protection of individual fundamental rights. . 21 The aim being that the meaning assigned to the section must give effect to the purpose which the law-makers sought to achieve. . (d) anyone acting in the public interest. Nauti hyvässä seurassa, kadulla tai sisätiloissa. In addition to these duties, the landowner is required to bear the costs incurred by the licensee in effecting a deviation or alteration of the positioning of the electronic facility that was imposed on her property. . 109 The rights vest in the network licensees upon grant of the licence. Depending on the interpretation given, the sections may be held to amount to arbitrary deprivation of property as envisaged in section 25 of the Constitution. 25 Id at paras 33 and.