City of Cape Town v Bouley Properties (Pty) Ltd (9410/2010) [2010] ZAWCHC 650 (21 December 2010)

City of Cape Town v Bouley Properties (Pty) Ltd (9410/2010) [2010] ZAWCHC 650 (21 December 2010)

The court held that the City of Cape Town was entitled to relief as Bouley Properties had erected signage without municipal approval, in breach of the By-Law. The City did not have a satisfactory alternative remedy, as criminal prosecution and the notice procedure under the By-Law were insufficient to prevent ongoing unlawful conduct. The By-Law was found not to be unconstitutionally vague or overbroad; its definitions and procedures provided reasonable certainty and fair warning. The By-Law's limitation on commercial expression was reasonable and justifiable in light of municipal objectives to prevent visual pollution and road safety hazards. Differentiation between first and third party...

Citation
[2010] ZAWCHC 650
Parties
Applicant: City of Cape Town; Respondent: Bouley Properties (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 December 2010
Case Number
9410/2010
Procedural Posture
Urgent Application / Final Judgment on Application and Counter Application
Outcome
Application granted. Respondent ordered to remove unlawful signage within 14 days; failing which, the City may remove it. Respondent to pay costs. Counter-application dismissed with costs.
Judges
R B Cleaver
Legal Topics
Municipal by Laws, Outdoor Advertising Regulation, Constitutional Validity, Freedom of Expression, Procedural Fairness, Interdicts
Administrative Law Land and Property Constitutional Law Municipal by Laws Outdoor Advertising Regulation Constitutional Validity Freedom of Expression Procedural Fairness +1 more

Case Brief

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Parties

City of Cape Town

Applicant

Bouley Properties (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application and Counter Application

Legal Issues

  1. 1 Whether the City of Cape Town is entitled to an order directing Bouley Properties to remove unlawful outdoor advertising signage erected without municipal approval.
  2. 2 Whether the City had a satisfactory alternative remedy under its By-Law, precluding the grant of an interdict.
  3. 3 Whether the City of Cape Town Outdoor Advertising and Signage By-Law is unconstitutional for vagueness, overbreadth, violation of freedom of expression, deprivation of liberty without just cause, and arbitrary differentiation between first and third party advertising.

Ratio Decidendi

The court held that the City of Cape Town was entitled to relief as Bouley Properties had erected signage without municipal approval, in breach of the By-Law. The City did not have a satisfactory alternative remedy, as criminal prosecution and the notice procedure under the By-Law were insufficient to prevent ongoing unlawful conduct. The By-Law was found not to be unconstitutionally vague or overbroad; its definitions and procedures provided reasonable certainty and fair warning. The By-Law's limitation on commercial expression was reasonable and justifiable in light of municipal objectives to prevent visual pollution and road safety hazards. Differentiation between first and third party...

Court Disposition

Application granted. Respondent ordered to remove unlawful signage within 14 days; failing which, the City may remove it. Respondent to pay costs. Counter-application dismissed with costs.

Orders

  • The respondent is directed to remove the unlawful signage erected or affixed to its property at Erf 173335 Paarden Eiland in contravention of the City of Cape Town's Outdoor Advertising and Signage By-Law 2001 within 14 days from the date of this order, failing which the City of Cape Town may effect such removal.
  • The respondent is to pay the applicant's costs, including the costs of two counsel.