The Constitutional Court of South Africa has delivered a landmark ruling upholding the City of Cape Town’s Outdoor Advertising and Signage By-law. The decision reinforces the city’s right to regulate outdoor advertising within its boundaries, while also underscoring the importance of preserving cultural and visual heritage.
Background
The case dates back to when Independent Outdoor Media (IOM) installed advertising structures and signs on the facades of the Overbeek Building, at the intersection of Long and Kloof Streets. Approvals for these structures lapsed in 2004 and 2005, but the signs remained in place despite the City’s enforcement actions, such as fines and compliance notices. The Western Cape High Court declared the structures unlawful in January 2022, ordering their removal within 15 court days. IOM then lodged an appeal to the Constitutional Court.
Ruling
In a unanimous decision, the Constitutional Court confirmed the High Court’s declaration and dismissed IOM’s appeal. This outcome affirms the City of Cape Town’s authority to regulate outdoor advertising, without requiring permission from other levels of government.
Importance of Preservation
Alderman Eddie Andrews, City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, welcomed the ruling as a victory for preserving Cape Town’s unique visual, historical, and cultural value. He emphasized the need to promote the city’s sense of place, heritage, scenic routes, and tourist destinations. While recognizing the economic opportunities offered by outdoor advertising, he stressed the importance of proper placement.
Compliance
With the by-law in effect, outdoor signage companies and other entities using outdoor spaces for advertising must comply with the regulations. The City encourages all parties to submit applications for outdoor signage before installation, thus avoiding punitive measures or unnecessary costs.
Balance
This ruling marks a significant development for municipalities seeking to balance economic growth with preserving their cultural and natural environments. Cape Town’s ability to regulate outdoor advertising without external interference demonstrates the autonomy and responsibility local governments hold in safeguarding their communities’ unique characteristics.
The Constitutional Court’s judgment serves as a reminder of the importance of striking a balance between fostering economic opportunities and nurturing the city’s rich cultural and historical tapestry. It is this delicate equilibrium that will ensure Cape Town remains a vibrant, thriving, and attractive destination for locals and visitors alike.
