The Constitutional Court has confirmed a January 2022 Western Cape High Court ruling on the illegality of the outdoor advertising signs and structures on the façade of the Overbeek Building at the intersection of Long and Kloof streets and that it’s the city’s job to regulate such adverts.

Cape Argus report says the advertising structures and signs were installed some years ago and despite their approvals in terms of the city’s previous advertising and signage by-laws having lapsed in 2005, they continued to be displayed.

The Constitutional Court ruled on Friday the city’s Outdoor Advertising & Signage by-law was constitutional and that the city was within its rights to regulate outdoor advertising as prescribed by the by-law.

The court also said the city’s administration did not need the authority of the National Minister of Trade, Industry & Competition before promulgating the by-law regulating outdoor advertising and signage. In a unanimous judgment penned by Acting Judge Yvonne Mbatha, the appeal from Independent Outdoor Media (IOM) – the owner of the Overbeek signs – was dismissed with a cost order, including the city’s costs of two counsel. IOM was ordered by the court to remove the unlawful signs.

Full Cape Argus report

Judgment