- The ARB dismissed a complaint against two LekkeSlaap accommodation listings.
- The directorate found the advertisements made no claims about municipal compliance.
- Municipal by law enforcement remains the responsibility of local authorities, not the advertising regulator.
The Advertising Regulatory Board (ARB) has decided that accommodation adverts are not misleading simply because they do not state whether a property complies with municipal by-laws. It dismissed a complaint against two listings on the LekkeSlaap booking platform.
The complaint involved ScenicViews@103 and Letamo View, two self-catering properties in Kosmos Village, Madibeng Local Municipality. The complainant alleged the properties were operating unlawfully without the required consent, use approvals or rezoning. They argued that LekkeSlaap should remove the listings as they were allegedly supporting unlawful operations.
Complaint based on municipal notice
The complainant based their case on a municipal notice issued in February 2026. This notice directed guesthouses and self-catering establishments operating without the necessary approvals to stop operating. The complainant argued that consumers are entitled to assume that accommodation advertised on a booking platform is lawfully authorised to operate.
LekkeSlaap denied the allegations, stating that the issue was about municipal land use compliance, not advertising. The company pointed out that the complainant had not provided any property-specific evidence showing either listing was operating unlawfully. LekkeSlaap also maintained that hosts are responsible for ensuring their listings comply with all relevant laws and municipal requirements.
Directorate limits ruling to advertising
When dismissing the complaint, the directorate said the ARB does not have enforcement powers over municipal by-laws and cannot make decisions about breaches of those laws. The ARB is limited to considering the content of advertising as set out in its code.
The directorate found that the municipal notice used by the complainant was general in nature. It did not name either ScenicViews@103 or Letamo View, nor did it prove that they were operating unlawfully. Without enforcement action against the specific properties, a prohibition order, or clear documentary evidence of illegality, the directorate could not conclude that the adverts promoted or encouraged unlawful conduct.
The directorate further noted that its responsibility is to assess the content of advertising, not to determine municipal land use compliance. Questions about compliance should be addressed by the relevant local authority.
No misleading claims
The directorate also rejected the claim that the listings were misleading. It found that the listings did not contain any express or implied claims about zoning, consent use, municipal authorisation, or regulatory compliance. The adverts also did not state or imply that LekkeSlaap had verified compliance or that the platform endorsed the regulatory status of the properties.
Instead, the listings were described as standard accommodation adverts created by the hosts. They contained the usual photographs, descriptions, and booking functions typically found on short-term accommodation platforms.
While the directorate acknowledged that consumers may reasonably expect accommodation to be lawful, it found the adverts themselves did not contain any misleading statements or omissions about municipal approval.
The complaint was therefore dismissed.
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