Court rules against JMPD's unlawful impounding of advertising materials
Image: Boxer Ngwenya / Independent Newspapers
The Johannesburg Metropolitan Police Department (JMPD) has been stopped from impounding advertising material affixed across the city over by-law violations due to its weak and non-existent systems, allowing a free-for-all.
The Gauteng High Court, Johannesburg, on Friday declared the JMPD's actions in impounding equipment used to affix advertising material for advertising time and delivering such equipment to the municipal pound were unlawful.
Additionally, the high court interdicted the metro police and the municipality from using their impoundment powers as enforcement for compliance with the Outdoor Advertising By-laws 2009 on two companies – Van Till Outdoor and Double Option Trading.
The two firms hauled the municipality and the JMPD to court following a February 2023 incident in Sandton, where JMPD officers impounded a vehicle, stepladders, and an advertising banner due to be flighted on a Double Option Trading billboard on Sandton Drive.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad Loading
According to the companies, an officer instructed the driver to follow their vehicle to the city impound yard and was later issued a document labelled an impound notice, recording that the reason for impounding was violating the outdoor advertising, advertising signs, and hoarding by-laws. A release fee for the impounded property was set at R3,501.
The advertising by-laws state that no person may erect a sign or use a sign unless it has been approved in writing by the city.
However, the companies complained that the municipality either simply refused to accept their applications or did not deal with them.
The court heard that the state of affairs resulted in a virtually free-for-all where outdoor advertising companies would erect and/or flight outdoor advertising signs randomly and without any approval.
When it came to the enforcement of the by-laws, the JMPD would only randomly and selectively enforce them against arbitrarily selected companies, such as Van Till Outdoor and Double Option Trading.
Both companies admitted that they were part of the free-for-all, out of necessity, and have erected and flighted signs on private and public property without the city's required approvals, which has also compromised their revenue stream from the signs.
In granting the interdict, Acting Judge Snyman made it pertinently clear that nothing in the judgment can be considered and construed by the companies or any other business in the outdoor advertising industry to be any kind of condonation, endorsement or approval for such a party to erect and/or flight a sign unlawfully, and in particular, without the approval of the city as required by the advertising by-laws.
'I reiterate, at all times, these by-laws, as they read, must be complied with. And added to that, the city is not only entitled to, but in fact obliged to, enforce these by-laws against all that transgress,' the acting judge stated.
In addition, the judgment noted that it is simply not open to Van Till Outdoor and Double Option Trading to say that, because the city may have ulterior motives in not dealing with approval applications or is simply not dealing with such applications because of its own operational challenges, they can proceed to simply erect and/or flight signs.
Acting Judge Snyman said this appeared to be the companies suggestion in their founding affidavit.
'It is an unacceptable suggestion, and nothing else but a form of impermissible self-help, which must be discouraged in strong terms.
If the applicants (Van Till Outdoor and Double Option Trading) believe their rights are being infringed in this regard, this would constitute unreasonable administrative action that would be actionable under Section 6(2)(g) as read with Section 6(3) of the Promotion of Administrative Justice Act,' reads the judgment.
The city told the court that the companies can lay a formal complaint with its officials, but the acting judge indicated that little need be said about this suggestion.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
4 hours ago
- The Citizen
Sandton CPF celebrates women and community safety
Chilli Lane Shopping Centre in Sunninghill was alive with conversation, flowers, and a spirit of unity as the Sandton Community Policing Forum (CPF) Sector 1 hosted its Women's Day celebration. The event combined tribute, awareness, and community engagement, recognising the vital role women play in society, while strengthening ties between residents and law enforcement. Read more: Douglasdale CPF calls for school shoe donations The meet-and-greet allowed community members to interact directly with representatives from Sandton SAPS, Johannesburg Metropolitan Police Department (JMPD), private security companies, and the City of Johannesburg's Health Department. Residents were encouraged to voice concerns, ask questions, and learn more about resources available to them. Roshan Byjnal, public relations officer for Sandton CPF, said the celebration was about more than honouring women. 'Women have gone beyond being a moms, wives, and businesswomen. Women are now leaders in every aspect of the community, but it's also about raising awareness on gender-based violence is a major challenge. We want every woman to know she is not alone. There is help, and the CPF, SAPS, and our partners are here to support you.' As part of the programme, several women were honoured for their contributions to the community. Police officials also led awareness exercises to highlight safety issues and demonstrate available support structures. JMPD officer Douglas Mbokodo echoed the importance of building stronger relationships with residents. 'People often think our job is only about giving fines, but our role is to protect and ensure everyone is safe. That's why we come closer to our communities, to share information and let people know where to find us.' Follow us on our Whatsapp channel, Facebook, X, Instagram and TikTok for the latest updates and inspiration!
The Citizen
11 hours ago
- The Citizen
One murder, two court cases: chaos at Cape Town court
Five people are facing charges related to the murder of a retired teacher. The brutal kidnapping and murder of a retired teacher has caused confusion at the Cape Town Magistrates' Court. On 27 October 2024, Alison Dewar's body was found, stabbed to death, outside Philadelphia. Five people are facing charges related to the crime. But they are being tried in two separate cases, by different prosecutors, and investigated by different police units. There appears to be no communication between the teams. GroundUp has established that the current prosecutors in each case were unaware of the other case. Four people are charged with kidnapping, murder, theft of the victim's car, and defeating the ends of justice. But a fifth person has been charged with theft in a separate case. In November 2024, the state told the court it wanted to merge the two cases. ALSO READ: 'I was terrified' – Joburg woman recounts chilling driveway hijacking and kidnapping (VIDEO) But nine months later, this has not happened, and both cases have continued in parallel, and the merging of the cases has not been mentioned again. The police investigations have been beset by delays and inefficiencies, including delays in obtaining a postmortem report. The investigating officer in the murder case was reassigned to a less senior sergeant, with no explanation provided. In the car theft case, the accused appeared in court twice before an investigating officer was finally assigned and a docket was produced. Both cases have been postponed several times and will need to proceed to trial soon or risk being struck off. Dewar was a retired teacher who volunteered as a maths tutor at Rainbow of Hope, a non-profit organisation. A teacher at the organisation who worked with her, Shayner-Lee Wiese, told GroundUp she has little confidence in the state. 'This case is being handled as if it's not serious,' said Wiese, who has been attending the court hearings. 'Alison was someone who was committed to helping and caring for children. Does her death mean nothing?' Murdered for R5 000 Four days after her body was found, the police recovered Dewar's vehicle, a red 2024 Hyundai Creta, from the house of second-hand car salesman Obina Ugwuoke, who was arrested. Police then arrested Chukwudi Stanley and Isaac Okeowo, who were allegedly involved in stealing the car and selling it to Ugwuoke. Another person was also arrested, but charges against him were later withdrawn. A couple from Bellville, Marlon and Riani Macalagh, was also arrested. It is alleged that Dewar was murdered by the Macalaghs, who sold her car to a man called CJ for R3 000 in cash plus R2 000 worth of drugs. CJ is alleged to have sold the car to Ugwuoke for R20,000. Stanley apparently acted as a middleman for CJ, and Okeowo negotiated the price on behalf of Ugwuoke. CJ is said to have fled to Johannesburg and is still at large. It is unclear whether any attempts have been made to arrest him. First court appearance On 4 November 2024, the suspects appeared in court for the first time. Five of the accused – Stanley, Okeowo, the Macalaghs and the fifth man against whom charges were later withdrawn – were taken to the Atlantis Magistrates' Court. This was because the murder case was opened at the Philadelphia police station, which falls under Atlantis. They were charged with kidnapping, murder, theft and defeating the ends of justice. The court ruled that the case should be transferred to the Cape Town Magistrates' Court because the investigation was being led by the provincial Serious and Violent Crimes unit based in Cape Town. READ MORE: Three men found guilty for murder of would-be state witness Meanwhile, Ugwuoke was enrolled in a separate case from the other accused, and he was taken to the Cape Town Magistrates' Court, where he was charged with theft of the car. It emerged in court that no investigating officer had been assigned to the case. It was only at his third court appearance that an investigating officer was assigned, and the docket was finally disclosed to the court. Neither the Saps nor the NPA answered questions from GroundUp on why there were two separate cases for the same crime. Chaos in the court Both cases appeared before Magistrate Theart in the Cape Town Magistrates' (District) Court on 11 November. When Ugwuoke appeared in court, prosecutor Oliver Bulana told the court that his case would be added to the main murder case with the other suspects (but nine months later, this has not happened). There was still no docket, and no investigating officer had been assigned. Nonetheless, the court proceeded with bail proceedings, and Ugwuoke was released on bail for R10000. When the five accused in the murder case appeared later in the day, chaos ensued. The prosecutor told the court he was not sure what the next steps were in the case and that he would have to take instructions from a senior prosecutor. Senior prosecutor Johan Swart then came to address the court. READ MORE: DA accuses Saps of 'dismissive attitude, rudeness and lack of empathy' at police stations It emerged that the magistrate in Atlantis had used the wrong forms to transfer the case to the Cape Town Magistrates' Court – the forms said the matter was transferred to the regional court rather than the district court. So Magistrate Theart adjourned the matter, saying that the case could not appear before her in the district court. Late in the afternoon, the matter appeared in the Cape Town Regional Court before Magistrate Amori Graf, and the case was postponed. Two court appearances later, a bail hearing was held on 28 November, by which time charges against the fifth accused had been withdrawn. The Macalaghs decided not to apply for bail, but Stanley and Okeowo did apply, and they were released on R5 000 bail each. After the bail hearing, the senior investigating officer was reassigned and replaced by a junior colleague – a sergeant at the serious and violent crimes unit. Several postponements In the following months, there was a series of postponements in both cases. In the Ugwuoke car theft case, the matter was postponed five times between January and August this year. In March, the state said they were waiting for cellphone records to be analysed, and in June, the state said further evidence had to be obtained because there was a USB drive that had become corrupted. At the most recent court appearance, on 14 July, the trial was set down to begin in the regional court on 28 August. In the murder, kidnapping and theft case where the other four stand accused, the matter was postponed four times between February and August. READ MORE: Police can't say why they let an alleged rapist off the hook In April, the prosecutor told the court that they were still waiting for the postmortem report, about six months after the murder. Marlon Macalagh also applied for a bed at Valkenburg Psychiatric Hospital to be assessed to determine if he is mentally fit to stand trial. On 22 July, he was still on the waiting list. Only after his medical report is received will the trial be able to go ahead. This reporter asked the prosecutors in each case if they were aware of the other case. Both answered no. Neither the NPA nor Saps responded to GroundUp's questions. This article was republished from GroundUp under a Creative Commons license. Read the original article here.
The South African
a day ago
- The South African
Correctional Services launches prison BAKERIES to save costs
Correctional Services Minister Dr. Pieter Groenewald has announced the continued expansion of the department's inmate-run bakery programme, aimed at reducing outsourcing costs and promoting self-sustainability within South African correctional facilities. Speaking at the launch of a new bakery at Westville Prison in Durban, Groenewald said the initiative has already saved taxpayers hundreds of millions of rands and will continue to grow as part of broader cost-cutting and rehabilitation efforts. 'This bakery alone will save R3 million annually for the taxpayer. Across all self-sufficiency projects last year, we saved nearly R500 million,' Groenewald said. To date, 13 bakeries have been rolled out across various prisons, with plans to expand further. At Westville, 50 inmates work in shifts to produce more than 3 800 loaves of bread daily, at a cost of R8 per loaf – significantly lower than the R23 per loaf paid to private service providers. Beyond cost savings, Groenewald highlighted the rehabilitative impact of the programme, with inmates gaining valuable skills to aid reintegration into society post-incarceration. Mlindeni Xaba, one of the inmates working in the Westville bakery, expressed gratitude for the opportunity. 'I'm thankful to the officials who helped us make better choices. Now I have the skills to open a business once I'm released and support my family,' Xaba said. The bakery programme forms part of a wider self-sufficiency strategy that includes vegetable farming, abattoirs, and tree nurseries within correctional facilities. Groenewald noted the significance of these projects amid rising operational costs and a budget reduction of R11.7 billion over the past five years. 'We'll continue enhancing self-sufficiency to lessen reliance on the state and ensure inmates leave with real skills,' he said. The Department of Correctional Services plans to scale these efforts further, with long-term goals of fully internalising food production and expanding vocational training opportunities for inmates. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
