Solidarity is celebrating the return of its banner after it was recently removed from the M1 highway in Johannesburg, which the organisation claims was done so because of its messaging.
The banner, which reads “Welcome to the most race-regulated country in the world”, was taken down, with the City of Johannesburg arguing that it was erected illegally.
Last week, Solidarity instituted an urgent legal proceeding in the Gauteng High Court, seeking the reinstatement or return of its campaign banner.
The City of Johannesburg (CoJ) on Tuesday pointed to its constitutional obligation to uphold the rule of law and said the banner was removed because no application was submitted by the trade union.
“…instead, the banner was erected unlawfully, in direct contravention of the City’s by-laws. This is the sole reason for the banner’s removal by City officials, who acted strictly within their power and authority to enforce the law,” it said.
Solidarity said it had a legal contract with the advertising agency, which rents advertising space from the metro and Solidarity, in turn, rented from the agency.
“We have met all the requirements. We are now going to get our banner back and we want our money back. We are also going ahead with the campaign,” said Solidarity CEO Dr Dirk Hermann.
Solidarity has erected 38 more billboards with the same message in Johannesburg.
The City said it had offered to return the banner to Solidarity with the provision that it not be installed elsewhere without adhering to the City’s by-laws, but was rejected, with Solidarity countering that the City admit that it acted unlawfully. The City, in turn, rejected this.
On Monday, Solidarity concluded a settlement that the application be removed from the roll and the banner be collected from the City’s offices.
The court-ordered settlement agreement between parties said the Metro must return the 70-m-long banner and the advertising agency should pay back the money spent on the banner.
The CoJ dismissed claims that the G20 underway in Johannesburg had a bearing on the City’s decision to remove the banner.
“The City simply cannot stand by without acting to stop the flagrant disregard of its by-laws,” it said.
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