Press Release: Proposed Graffiti By-Law Violates Freedom of Expression

Artwork by Faith47

As a collective of academics, artists and citizens we are concerned that the new, proposed graffiti by-law criminalizes all forms of public art and violates our personal right to freedom of expression on private property.

While this collective does not dispute the fact that vandalism such as tagging is costing the tax payer money that could rather be channelled into social development and uplifting the poor, we find it problematic that the by-law makes no distinction between vandalism and public art that is done with the permission of the owner of the property.

The by-law will soon be presented for public discussion and these are the two main issues that we feel need to be addressed:

1.The definition of graffiti under the by-law is too broad. It classifies graffiti as any inscription, word, figure, letter, sign, symbol, sketch, picture or drawing. There should be a clear differentiation between graffiti vandalism [e.g. gang tags, scratchings] and public art that is done with permission from the owner [murals, colourful characters and positive, inspiring messages].

2. The by- law removes the legal right of the private property owner to paint anything other than a house number on his/her wall. We strongly believe that the private property owner should maintain the right to determine what to paint on to his/her property without having to seek permission from the City.

Public art forms are an integral part of our social fabric and have a particularly significant place in the history of our struggle for a democratic and free nation. It is an accessible medium, which allows for social comment and creative expression for people from all walks of life. We urge the City to utilize and embrace public art as well as harness the potential for it to be constructive (rather than destructive) especially for the youth - and in turn, showcase the city as a creative hub to the tourism industry.

We urge the city to amend this by-law to become a more inclusive one and thus limit the damage it can potentially do to the creative growth of our city.

For any further information, please contact: Ricky Lee Gordon (Director of Write On Africa: Creative inspiration and Urban rejuvenation through special events, initiatives and Art in Public Space) on 083 3009970 or rickylee@writeonafrica.com