Constitutional Court ruling confirms City’s mandate to regulate outdoor advertising
23 June 2023
The City of Cape Town welcomes the Constitutional Court’s ruling earlier today that the City’s Outdoor Advertising and Signage By-law is constitutional; that the City is within its rights to regulate outdoor advertising as prescribed by the by-law, and that the administration did not need the authority of the National Minister of Trade, Industry, and Competition prior to promulgating the by-law regulating outdoor advertising and signage. Furthermore, the Constitutional Court has, in this unanimous judgment, dismissed the appeal from Independent Outdoor Media (IOM), the owner of the Overbeek signs, with a cost order, including the City’s costs of two counsel. As a result, IOM is compelled to remove the unlawful signs at the top of Long Street.
‘The City has never doubted that we have the mandate and responsibility to ensure outdoor advertising and signage facilitate economic opportunities, but in a manner that is sensitive to Cape Town’s natural and cultural environment. This is very important as each suburb has unique visual, historical and cultural value and appeal and we must protect and promote our city’s sense of place, heritage, scenic routes and tourist destinations.
‘The most important aspect of the Constitutional Court’s judgment is, however, the fact that the City of Cape Town is mandated, in terms of our Constitution, to regulate outdoor advertising, and that we do not need permission from any other sphere of government, to do so. Thus, outdoor signage companies must comply with this by-law, as must all other companies and persons who are using the outdoors for advertising purposes.
‘Outdoor advertising benefits our local economy, but it must be located at appropriate locations, and this is why the by-law guides the City when we assess applications. I encourage all to please comply with this by-law and to submit applications for outdoor signage to the City for approval prior to installation to avoid punitive action and unnecessary costs,’ said the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Alderman Eddie Andrews.
Context to the Constitutional Court judgment
On 21 January 2022 the Western Cape High Court declared the outdoor advertising signs and structures at the top of Long Street unlawful.
The advertising structures and signs are on the facades of the Overbeek Building at the intersection of Long and Kloof Streets, and were installed some years ago. Their approvals in terms of the City’s previous advertising and signage by-laws lapsed in 2004 and 2005. The advertising structures and signs have since been displayed with flagrant disregard to the City’s current Outdoor Advertising and Signage By-Law, and despite the City imposing fines, initiating criminal proceedings and issuing compliance notices.
At the time, the Western Cape High Court instructed the owner of the ‘Overbeek Signs’ to remove the ‘offending’ outdoor advertising structures and signs, at its cost, within 15 court days from service of the court’s order, failing which the Sheriff of the court was authorised to remove the structures and signs at the owner’s cost.
The High Court also declared that Sections 29(8)(a) and (b)of the National Building Regulations (NBR) are inconsistent with the Constitution and struck down these sections as being invalid to the extent of their inconsistency. The High Court was thus in agreement with the City that its Outdoor Advertising and Signage By-Law did not require the National Minister of Trade, Industry, and Competition’s approval prior to promulgation.
The City approached the Constitutional Court to confirm the setting aside of Sections 29 (8)(a) and (b), as required by the Constitution, while IOM, the owner of the Overbeek signs, similarly lodged an appeal to the Constitutional Court.
As stated above, the Constitutional Court earlier today confirmed the High Court’s declaration in an unanimous judgment, and dismissed IOM’s appeal.
‘This matter has been ongoing for several years since the City launched enforcement proceedings to have the illegal signage and structures removed from this prominent building in one of Cape Town’s most scenic and touristy suburbs.
‘I implore the outdoor advertising industry to accept the Constitutional Court’s judgment and to comply with the City’s Outdoor Advertising and Signage By-law. We will closely monitor this space and take action if needed,’ said Alderman Andrews.
Published by:
City of Cape Town, Media Office
