Billboard fight

A DECISION by the Windhoek municipality to allow two companies to erect animated billboards at five sites in the city is being challenged in the Windhoek High Court.

In a case filed in November last year, Eshisha Media Network and Continental Outdoor Media Namibia were suing the municipality, and the two companies, Primedia Outdoor and Media Solutions Group.

Other advertising companies, indirectly affected in terms of the application of billboard regulations, are Alliance Media, Media Solutions Group, Outthere Media, Ad Outpost, Ants Ads, and Rama Media who are also listed as respondents as they have a keen interest in the matter.

Continental Outdoor Media Namibia has, however, pulled out of the case with its head office in South Africa saying that the local branch had taken the decision to go to court without approval from the company’s head office.

In a written response yesterday, the company’s CEO, Bazil Lauryssen, said: “Our withdrawal from the court case is in the best interest of the outdoor advertising industry and we wish to cooperate and work with council into the future and not be in conflict.”

The billboards at the centre of the dispute are at Erf 8085 in Katutura; Erf 8316 in Windhoek; on Airport Road in the Avis area; at the Ausspannplatz traffic circle in the central business district; and at the intersection of Shanghai and Mungunda Streets in Katutura.

Eshisha Media Network is asking the court to review and set aside the municipality’s decision to allow Primedia Outdoor and Media Solutions to erect billboards at the sites while denying others the same opportunity.

The companies argue that the municipality’s decisions are unreasonable and do not comply with the law. They also claim the municipality acted beyond its legal powers and authority.

In this case, the companies claim that the municipality did not implement the policy and regulations “across the board” so that all companies that use billboards as a vehicle for advertising are treated equally by allowing them to apply for approval and pay the required fees.

The company says that some of the regulations which the billboards erected at the contested sites do not adhere to are that at major intersections, a billboard should be erected about 100m from the nearest crossroad, while at minor intersections, billboards should be at least 50 metres from the nearest crossroad. Super and electronic billboards should at least be 500 metres apart.

In an affidavit filed in support of the case, it is claimed that two large light-emitting diode (LED) animated billboards had been erected at the intersection of Mandume Ndemufayo Avenue near Wernhil Park shopping complex and next to Katutura police station at the intersection or convergence of Independence Avenue, Mungunda Street and Hostel Street. They are placed too close to the respective intersections.

The positioning of these billboards, it is claimed, is contrary to the city’s outdoor advertising policy because both of these sites are at major intersections and, therefore, the billboards need to be positioned at least 100 metres from the nearest intersection measured from the sign parallel along the road.

“Therefore, in fact,these two billboards were prohibited signs as described in the regulations and policies,” it is argued.

The company is also further claiming that the municipality received complaints about the billboards displaying moving images that are distracting.

A further complaint is that alcoholic beverages were being advertised directly opposite a church – reference was made to the Ausspannplatz billboard near the Universal Church along Independence Avenue.

Another billboard cited is the one near Wernhil Park, which was erected at a site far less than the prescribed 100 metres from the intersection.

“The position of the billboard and the bright and flashing nature of the imagery, hamper motorists’ ability to see the traffic lights,” it is claimed.

Windhoek municipality manager for economic development Zurilea Steenkamp was requested to provide written reasons explaining why some advertisers were denied permission to erect billboards on the basis that the proposed locations were not suitable according to the regulations and policies while others were granted the permission.

In her letter which is part of the documents filed at court, Steenkamp said: “The billboard near the Katutura Police Station was not considered to be placed at a major intersection and the intersection was rather considered to be a minor intersection.”

In the written affidavit the response said “I am shocked that this statement was made despite the policy clearly defining Independence Avenue as a high order road. This particular intersection is the busiest in the Windhoek district.”

The Namibian learned that affidavits have been exchanged and Eshisha Media Network is waiting for a judge to be appointed so the case date can be set.

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