Court dismisses GCC ban on Saleshando adverts
Oarabile Mosikare | Tuesday April 29, 2014 12:16
Justice Modiri Letsididi has dismissed with costs an urgent application launched by Gaborone City Council (GCC) to compel the Botswana Congress Party (BCP) to remove what the former termed as ‘illegal’ advertisement.
The council had sought the court’s favour in having the adverts of BCP leader Dumelang Saleshando taken off street poles along Kgalemang T Motsete and traffic intersections.
After dismissing the application Letsididi said he would deliver his reasons on May 2, 2014 at 15:00 hours at Gaborone High Court.
Attorney Tholana Phooko appeared with Farayi Sibanda representing GCC, while Busang Manewe and Martin Dingake appeared for BCP and second respondent Dumelang Saleshando.
Phooko submitted that the applicant’s mandate to maintain traffic lights was overlooked. She said written permission has to be sought to erect advertising structures.
Phooko said the urgent application was supposed to be heard last Thursday because the advertisements were for last Saturday’s party manifesto launch. “Unfortunately that date has already passed. It was overtaken by events on that basis,” said Phooko.
She said if the matter were heard in ordinary court, it would be of no use. “People who violate laws will continue to violate laws.”
When Letsididi asked her why she brought the matter on urgency yesterday, she replied: “For the court to enforce the law.
“Advertisements on the traffic lights are an obstruction.”
For the respondents, Manewe submitted that the matter was not urgent.
He said the GCC failed to demonstrate that they would get remedy if the matter were heard in ordinary court.
He also submitted that the people entrusted with traffic offences were the police not the municipality.
“Police have wide powers including preservation of exhibits. On the face of it a criminal offence has not been committed,” said Manewe. At this juncture Letsididi chirped in and said the offender has not been charged.
Manewe said the GCC, by their guidelines, can do as the BCP has done by advertising at road intersections. He also said the council has statutory powers to remove the posters.
Last Tuesday GCC lawyer Sono Seisa wrote to the BCP about the display of ‘illegal’ advertisement on the street poles and traffic intersections.
“You have flagrant breach of the Gaborone City Council ‘Guidelines for erection and maintenance of hoarding and advertising signs’ [revised in October 2009 and further revised in July 2011] displayed or caused to be displayed an advertisement of the Botswana Congress Party on street light poles when such is strictly forbidden,” stated Seisa.
Seisa also said one of the penalties prescribed for such a violation is that when an individual or company persistently puts up advertisement signs or hoardings without approval of council, the municipality will blackout that company or individual and will not allow then to advertise any longer.
“We are now putting you on notice that should you have not removed the said advertisements by 12 noon on April 22, 2014, we shall instruct private attorneys without further notice to you to obtain a court order for the removal of same by a private contractor and you shall be liable to pay full costs and fees therefore,” the GCC lawyer wrote.