South Africa Case Law

City of Johannesburg Metropolitan Municipality v Olympia Trade Centre (Pty) Limited and Another (2018/18147)

City of Johannesburg Metropolitan Municipality v Olympia Trade Centre (Pty) Limited and Another (2018/18147) [2020] ZAGPJHC 101 (15 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2018/18147

Judge

F Southwood

The High Court refused a municipality’s attempt to force removal of an advertising sign, finding it had not proved the by-laws applied or that the respondents erected the sign.

• Municipal By Laws
• Outdoor Advertising Regulation
• Mandamus
• Unlawful Erection Of Signage
• Municipal-by-laws
• Outdoor-advertising

City of Johannesburg v Friedshelf 1120 (Pty) Ltd (2016/44430)

City of Johannesburg v Friedshelf 1120 (Pty) Ltd (2016/44430) [2017] ZAGPJHC 1 (3 January 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/44430

Judge

Spilg

The court found that the matter was urgent due to the ongoing illegal activity and potential danger posed by the advertising sign, which was erected without municipal approval and projected over a public sidewalk. The respondent, as property owner, remained responsible for abating the nuisance and ensuring compliance with the By-Laws, regardless of whether it was the owner of the sign. The common law duty of a landowner to prevent illegal activities and remove dangerous structures was not abrogated by the By-Laws or the Act. The City was entitled to seek interdictory relief and removal of the…

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• Municipal By Laws
• Outdoor Advertising Regulation
• Interim Interdict
• Joinder Of Parties
• Nuisance
• Building Regulations

Ethekwini Municipality v Swish Property Eight (Pty) Ltd (1071/2012)

Ethekwini Municipality v Swish Property Eight (Pty) Ltd (1071/2012) [2013] ZAKZDHC 15 (29 April 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

1071/2012

Judge

Vahed

The court found that the respondents erected advertising signage and related structures without the applicant's authority, in contravention of the applicant's advertising bylaws. The bylaws validly require written permission and the payment of prescribed fees for such signage. The respondents' constitutional challenge was not substantiated by evidence of the actual impact of the fees on their means or the revenue generated by the signage. The court distinguished the present case from Dawood, as the bylaws themselves do not prescribe the quantum of fees, which are set by regulation. The respon…

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• Municipal Bylaws
• Outdoor Advertising Regulation
• Commercial Speech
• Section 36 Limitation
• Removal Of Structures
• Interdictory Relief

Independent Outdoor Media (Pty) Ltd and Others v City of Cape Town (222/2012)

Independent Outdoor Media (Pty) Ltd and Others v City of Cape Town (222/2012) [2013] ZASCA 46; [2013] 2 All SA 679 (SCA) (28 March 2013)

Court

Supreme Court of Appeal

Case number

222/2012

Judges

Mthiyane DP, Leach JA, Theron JA, Erasmus AJJA, Saldulker AJJA

The Supreme Court of Appeal held that the City of Cape Town had the constitutional and statutory authority to regulate outdoor advertising, including on private property, as such regulation is necessary to prevent visual pollution and promote road safety. The differentiation between first party and third party advertising in the Bylaw was found to be rationally connected to legitimate government purposes and not arbitrary. The definitions in the Bylaw, while broad, were sufficiently clear for reasonable persons to understand their scope and application. The court further found that criminal p…

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• Municipal Bylaws
• Outdoor Advertising Regulation
• Constitutional Validity
• Differentiation And Rational Basis
• Vagueness And Overbreadth
• Interdicts

City of Cape Town v Independent Outdoor Media (Pty) Ltd and Others (9346/2009)

City of Cape Town v Independent Outdoor Media (Pty) Ltd and Others (9346/2009) [2011] ZAWCHC 489 (23 December 2011)

Court

Western Cape High Court, Cape Town

Case number

9346/2009

Judge

Louw

The court found that the respondents' outdoor advertising signs contravened the City's By-law, the Building Act, and other applicable legislation, including zoning and roads ordinances. The By-law was held to be constitutional, not vague, and the differentiation between first and third party advertising was rational and justified. The court rejected the respondents' arguments regarding alternative remedies, finding that criminal prosecution and ex parte removal proceedings were inadequate given the history of ineffective enforcement and delays. The City established a clear right to enforce th…

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• Municipal By Laws
• Outdoor Advertising Regulation
• Building Regulations
• Zoning Scheme
• Constitutional Challenge
• Mandatory Interdict

City of Cape Town v Bouley Properties (Pty) Ltd (9410/2010)

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

Court

Western Cape High Court, Cape Town

Case number

9410/2010

Judge

R B Cleaver

The court ordered removal of unlawful advertising signage erected without municipal approval and dismissed constitutional attacks on the City’s by-law.

• Municipal By Laws
• Outdoor Advertising Regulation
• Constitutional Validity
• Freedom Of Expression
• Procedural Fairness
• Interdicts