The eThekwini Municipality intends to promulgate new by-laws for the City. The City has operated with an outdated set of by-laws from 1932, which practically still prohibited third party outdoor advertising. This new draft will make eThekwini the last metro to introduce post-1994 era by-laws.
But be warned, these by-laws are not going to make life easier as they contain various provisions like size restrictions and a redefined areas of control. If this is coupled with a map for which the by-laws make provision, it can become a very restricted piece of legislation.
‘The introduction confirms their bias and focus only on ensuring health and safety. The developmental function of local government is not addressed nor the important economic development function. The introduction to the By-laws should clearly indicate their role to balance and appropriately manage outdoor advertising. We are of the view that the By-laws do not provide a reasonable mechanism to enable the right to freedom of expression and balance this with environmental, health and safety concerns. This fundamental discrepancy requires alteration to ensure Constitutional validity,’ is the view expressed by Kestell Serfontein of UrbanIQ.
The by-laws state that all billboard signs larger than 36sqm is not permissible.
‘This limitation is not consistent with other leading sets of By-laws and the accepted practise in Metropolitan Cities,’ said Serfontein
The above By-law is available for viewing on the City Hall notice board and on the Municipality's website at www.durban.gov.za.