INFRACO
BILL PROPOSALS FOR AMENDMENTS OF SECTION
4 AND SECTIONS
6 (2),
(3),
(4) OF THE INFRACO BILL
11 SEPTEMBER
2007
(1) Section 4: Main objects and powers of Infraco
4. (1) The main objects of Infraco are
to expand the availability and affordability of access to electronic
communications, including but not limited to underdeveloped and underserviced
areas, in accordance with the Electronic Communications Act and commensurate with international best practice and pricing, through the provision of:
(a) electronic communications network services; and
(b) electronic communications
services.
(2) Section
6: SERVITUDES
(2) With effect from the transfer
date and subject to subsection (3)—
(a) every
servitude is hereby extended so as to include the additional right to enter and
use the land to which such servitude relates for the purposes of:
(i)
using
and maintaining existing electronic communications
facilities and networks,;
and
(ii)
constructing, erecting and
maintaining further electronic communications facilities and networks;
and of
providingin order to provide electronic communications
network
services and electronic communications services;
(3)
(a) Compensation as contemplated in section 25(3) of the
Constitution must be
paid
by Infraco in respect of the additional right contemplated in subsection (2)(a) (i) to
the
registered owner of the land in question for the use of such additional right
to the
extent
that the said additional right renders the servitude more onerous than the
original
servitude
(4)
All servitudes and additional rights existing in favour of Infraco at the time
of any transfer in terms of section 4 (4) shall continue to exist in favour of
the third party transferee, subject to such terms and conditions as may
have been agreed upon between Infraco and Eskom or Transnet prior to the
transfer to the third party
transferee, provided that any such third party transferee
shall not be entitled to further
extend such servitudes as provided
in subsection 6 (2) of this
Act.