Head and Co Ld v Johannesburg 521 Municipality [1914] ZATPD 98 (21 September 1914)

Reported
Case summary

Under sec. 85 (vi) of the South Africa Act the Provincial Council can not only create bodies for the management of municipal affairs, but also endow them with all the powers necessary to the discharge of the functions of local government. Under these powers may properly be included the power to license, regulate and prohibit the erection in certain localities of advertising hoardings. A bye-law is reasonable which prohibits the erection of advertising hoardings which prejudicially affect the value of property and the good appearance of the neighbourhood, and, in special, their erection in residential quarters.
A committee duly appointed by a municipal council to hear applications for licences is not a judicial body, and the Court will not interfere with its proceedings, provided the members have exercised their duties fairly and honestly. Disregard of the order of hearing prescribed by bye-law for such proceedings is not sufficient ground for interference. Where a bye-law empowered a committee to regulate the grant of licences, Held, that this included the renewal of existing licences as well as the grant of new licences.


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