The city's previous advertising and signage by-laws expired in 2005, but the advertising structures and signs had already been put up for a while. Nevertheless, they were still in place. CapeTown
The Western Cape High Court’s January 2022 decision that the outdoor advertising signs and structures on the Overbeek Building’s façade at the intersection of Long and Kloof Streets are unlawful and that it is the responsibility of the City to control them has been upheld by the Constitutional Court.reports that the city’s previous advertising and signage by-laws expired in 2005, but the advertising structures and signs had already been put up for a while.
IOM was mandated by the court to take down the illegal signs as a result of the Constitutional Court’s decision.A disagreement between the City and IOM over advertisements on the Overbeek building in Cape Town gave rise to the constitutional challenge. These authorizations expired in November 2005 and March 2004. Despite this, IOM kept displaying advertisements on the building in violation of the City’s bylaws. The City attempted to enforce compliance in various ways without success.
IOM filed a counter-application in order to have the City’s by-laws declared invalid for not adhering to Section 29 of the Act, which mandates that by-laws relating to “the erection of a building” must first receive approval from the minister of trade, industry, and competition.
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