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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Boycott, Divestment And Sanctions South Africa and Another v Continental Outdoor Media (Pty) Ltd and Others (2013/19700)[2014] ZAGPJHC 200 (11/09/2014) 
CL Index Advertising Media LawThe applicants sought an order declaring that the respondent’s premature removal of an advertisement from a billboard under the latter’s control was unlawful and unconstitutional. The advertisement concerned Israel’s occupation of Palestine depicted by contrasting maps.
The applicants contested the removal on several grounds, including freedom of expression, which is entrenched by section 16 of the Constitution of the Republic of South Africa. Because respondent was not a state entity, this raised questions of when s 16 may be horizontally applied.
The respondent substantiated its conduct in terms of its agreement with the second applicant, arguing it was permissible due to the advertisement’s alleged contravention of the City’s advertising by-laws, the Practice Code of the Advertising Standards Authority, as well as its own internal policies.
The court found no legitimate basis in the parties’ agreement, on these facts, for the respondent’s removal of the advertisement prior to the stipulated flighting period. As a private body, the respondent was not positively burdened with respecting, promoting and upholding the applicants’ right to freedom of expression. However, it still faced a negative duty not to interfere with it.
The court granted the application and directed the respondent to reinstate the advertisement, subject to practical qualifications. A portion of 9(h) of the Outdoor Advertising By-Laws of the City of Johannesburg was held to be invalid for exceeding the constitutional limitations of free speech.