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)
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…
Source excerpt
- Municipal Bylaws
- Outdoor Advertising Regulation
- Commercial Speech
- Section 36 Limitation
- Removal Of Structures
- Interdictory Relief