City's crackdown on illegal billboards intensifies after High Court ruling
Court orders N2 billboard to comply or be removed after ruling it breached City approvals.
Image: Pexabay
The City of Cape Town is likely to widen its crackdown on illegal outdoor advertising after securing a Western Cape High Court victory over a non-compliant billboard along the N2, in a ruling that strengthens enforcement efforts against operators who breach approved conditions.
The court declared that an outdoor advertising structure erected by Jinja2 Outdoor Advertising was in contravention of approvals granted by the City in terms of its Outdoor Advertising By-law of 2023, as well as the National Building Regulations and Building Standards Act.
The judgment, handed down on Friday, March 27, found that the billboard did not comply with the conditions under which it had been authorised, placing it outside the bounds of lawful use.
The Western Cape High Court ordered Jinja2 Outdoor Advertising to comply with the approved specifications within seven days or remove the signage. The court also ordered Jinja2 and the trustees of the Horizon Property Trust, the property owner, to pay the City’s legal costs.
According to the City, the freestanding electronic billboard, targeting eastbound traffic along the N2, exceeded approved dimensions. Approval had been granted for a structure measuring 18m² and 7.5m high, but a sign measuring 36m² and 10.5m high was ultimately constructed.
The City approached the court after the operator failed to comply with notices issued in June and July last year.
Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Eddie Andrews, welcomed the ruling.
“We welcome the judgment and implore the sign owner to comply with the ruling. The by-law regulates outdoor advertising in a manner that facilitates economic opportunities, but is also sensitive to Cape Town’s natural and cultural environment, and road safety. The by-law guides the City when we assess applications and I encourage all to please comply with this by-law. I also want to make it clear that the City will not hesitate to approach the courts when advertising companies contravene the by-law,” said Andrews.
The N2 is one of Cape Town’s busiest transport corridors, and large roadside advertising structures are subject to strict controls aimed at limiting driver distraction and ensuring structural safety.
The City’s Outdoor Advertising By-law requires that all signage adhere strictly to approved specifications, including size, positioning and illumination. Any deviation from these approvals renders a structure non-compliant and liable for enforcement action.
In addition to municipal rules, billboard structures must comply with national building legislation, which requires approved plans and adherence to safety standards. Failure to meet these requirements can result in a structure being declared unlawful.
The ruling adds to a series of legal victories for the City of Cape Town in its efforts to regulate outdoor advertising. In a 2023 judgment, the Constitutional Court of South Africa confirmed that the City’s outdoor advertising by-law is constitutional and enforceable, and ordered the removal of unlawful signage after approvals had lapsed.