Cape Town - Telkom has taken its battle with the City to the Constitutional Court, claiming it doesn’t have jurisdiction to decide where it can erect cellphone masts.

It is the third time Telkom has taken the City to court for building a tower that it claims it needs for improved coverage.

In court papers the telecommunications giant states its concerns over the roll-out of telecommunications networks in South Africa and the conflict between national powers over telecommunications and municipal powers over municipal planning.

In 2016 Telkom wanted to install a mast on a private residential property in Heathfield. The property is zoned for single residential use and does not allow for the construction of a cell mast, which is in contravention of the City’s by-laws.

“The roll-out of the 5G networks in South Africa will be the next important development in meeting the telecommunications needs of the country. If the SCA’s judgment is not overturned on appeal, it will substantially retard the ability of network licensees to ensure the effective and efficient roll-out of this new network capability in South Africa, apart from impeding the roll-out of existing 3G and 4G networks,” Telkom says in court papers.