GOOD Party Challenges City of Cape Town Over Controversial Outdoor Advertising By-law

In a recent development that has sparked controversy, the City of Cape Town has been sharply criticized by the GOOD Party for its introduction of a new outdoor advertising by-law. The party alleges that the by-law is being used to target pro-Palestine groups and individuals who publicly express their solidarity through flags and signs, which they warn resembles the autocratic tendencies of apartheid-era governance.

GOOD Party caucus leader, Suzette Little, expressed concern that the local government's move was reactionary and suppressive, particularly in the wake of residents in Bo-Kaap displaying pro-Palestine messages outside their homes. Furthermore, Little pointed out that law enforcement's engagement with residents and festival-goers brandishing Palestinian flags bordered on intimidation, with threats of fines being issued.

The proposed by-law would extend the city’s control over the display of signage, not only restraining fixed signage but also potentially affecting those who rely on handheld signs, including the homeless community who often resort to signs as a means of requesting aid. This has raised questions about whether the by-law is simply a guise for restricting political protests or has broader socio-economic implications.

Little, invoking the dark legacy of apartheid, cautioned against the dangers of attempting to police thought and expression. The apartheid regime's efforts to subdue dissent ultimately failed, and the GOOD Party warns that similar tactics should not be resurrected to stifle Cape Town residents’ right to demonstrate their activism and solidarity with global issues.

In defense of the by-law, Alderman JP Smith, mayoral committee member for safety and security, clarified that a recent incident involving a street artist in Bo-Kaap did not result in a fine as it pertained to artwork being done on private property with the owner's consent.

The City has made efforts to dispel misconceptions regarding the by-law, stating that its development was part of a four-year process with extensive stakeholder engagement. Their stance is that the by-law is intended to regulate, rather than prohibit, outdoor advertising in a way that aligns with the city’s aesthetic and cultural heritage as well as safety considerations. It aims to be a replacement for the Outdoor Advertising and Signage by-law of 2001 once it is officially published in the government gazette.

The comprehensive list of outdoor advertisements covered by the by-law ranges from billboards and flags to transit advertising and murals. The City emphasizes that the regulation is context-dependent, with allowance for certain sign types without applying for a permit, and underscores that the new by-law should not impinge on safety, traffic flow, or local character.

Those interested in commissioning public art or murals are urged to consult the Graffiti By-law, established in 2010, which requires a Public Art Permit. Details of the application process are contained within Section 9 of this by-law. Access to the by-law was provided to ensure transparency and encourage informed discussions amongst the city's residents.

The City of Cape Town remains firm on its stance that the newly-approved outdoor advertising by-law is not a form of censorship but a nuanced and necessary measure for the orderly management of the city's aesthetic and functional landscape. Meanwhile, the GOOD Party and some community members remain wary, viewing it as a potential infringement on their constitutional rights.