Advertising service provider, Independent Outdoor Media (IOM), has been ordered to remove their advertising spaces on two buildings at the top of Long Street, after the Constitutional Court confirmed the invalidity of a section of the Building Act.
The issue of constitutional invalidity related to outdoor advertising, where the court found that “a number of outdoor advertisers, throughout the country, have been flouting various outdoor advertising by-laws”.
Acting Justice Yvonne Mbatha, said: “The retrospective effect of the constitutional invalidity of section 29(8) is necessary for the validity of various by-laws that enable municipal governance. However, unqualified retrospective effect gives rise to unfair criminal consequences.”
The court also found that the City’s Outdoor Advertising and Signage By-law was constitutional, as the legislative authority of a municipality vested in the municipal Council, which had the power to make and administer by-laws.
The judgment read: “The City’s enforcement efforts against IOM’s unauthorised display of the advertisements, which included imposing fines, initiating criminal proceedings and issuing compliance notices, were fruitless. IOM would simply pay the fine or temporarily remove the advertisements, but the advertising structures would remain in place in defiance of the City’s enforcement measures, and a new advertisement would go up.”
In a statement, the City implored “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”.
Deputy Mayor and Mayco member for Spatial Planning and Environment, Eddie Andrews, said as a result of the judgment confirmation, IOM was compelled to remove the unlawful signs at the top of Long Street.
“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 Andrews.
Enquiries to IOM were not answered by deadline on Sunday.
Cape Times