MEDIA RELEASE
NO. 63/ 2010
02 FEBRUARY 2010

The City of Cape Town has been granted an urgent interim court interdict in a case against Tractor Outdoor for an illegal sign on a building at 31 Heerengracht.

This follows an ongoing battle since the sign, which features a prominent sporting brand, was first erected without approval at the end of October 2008. Since then numerous notices have been served on Tractor Outdoor and the property owner demanding that it be removed in terms of the City’s Outdoor Advertising and Signage By-law.

The City’s Transport Department also indicated that the sign did not meet the traffic safety requirements of the by-law. The sign is a large dual advert, measuring 365m² on one façade of the building and 328m² on the other. On 28 January 2010, it was ripped off the building by the wind for the sixth time since its erection, prompting the City to take legal action.

On more than one occasion when the sign was blown off the building, a Law Enforcement Officer from the City warned Tractor Outdoor that if it was re-erected it would constitute a criminal offence in terms of the by-law. All these warnings were blatantly ignored and Tractor Outdoor instead advised that their “decision whether or not to execute the site in the future [would] be guided by a proper professional risk assessment given the extreme weather conditions.”

The City, having pursued all other avenues, finally approached the High Court to prevent a further contravention of the by-law. The City was particularly concerned that the continual ripping off of the sign could pose a potential danger to motorists and pedestrians below. The matter was set down at court on 1 February 2010, with no appearance on behalf of any of the respondents. Judge Thring granted an interim interdict preventing the sign from being re-erected pending the return date on 22 February 2010. On that date Tractor Outdoor, the property owner and other respondents will have a further chance to argue their case, should they elect to oppose the granting of a final interdict. Pending that date, the sign may not be re-erected.

“We are pleased that the by-law has proved effective, especially in a case such as this where the sign itself could potentially pose a hazard to the public,” said the City’s Chief Environmental Control Officer, Debbie Evans.

The interdict was granted in accordance with the enforcement of the City’s Outdoor Advertising and Signage By-law. This by-law aims to strike a balance between outdoor advertising opportunities, economic growth and Cape Town’s unique environmental and cultural heritage assets.

In 1999, Judge Dennis Davis of the Cape High Court ordered the municipality to amend its then existing outdoor advertising by-law of 1966 which banned third-part advertising in Cape Town, but recognised the City’s right to control such advertising in order to protect Cape Town’s rich environment. Accordingly, a by-law was put in place metro-wide in 2001.

A photograph of the sign/building is available on request. Please send your request to this e-mail address media@capetown.gov.za


END

ISSUED BY:
COMMUNICATION DEPARTMENT
CITY OF CAPE TOWN


MEDIA QUERIES:
DEBBIE EVANS
CHIEF ENVIRONMENTAL CONTROL OFFICER
TEL: 021 400 6531 CELL: 084 222 1220