Solidarity and Johannesburg Metro settle banner dispute after legal tension

The Johannesburg Metro will return a 70-metre-long banner to Solidarity following a settlement that resolves a tense legal dispute between the union and the City. The banner, which reads “Welcome to the most race-regulated country in the world,” was removed by the City last week, sparking national debate and legal action.

Solidarity said it had a contractual arrangement with the advertising agency that rented space from the City. The union rented space from the agency to display the banner. Dr Dirk Hermann, Chief Executive of Solidarity, said the removal of the banner was unlawful and that the union had complied with all contractual requirements.

“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,” Hermann said.

The dispute began when the banner was removed along the M1 motorway. Gauteng Premier Panyaza Lesufi posted on social media that anti-transformists must be defeated, alongside a photograph of the banner. Johannesburg Public Safety MMC Mgcini Tshwaku shared a video showing City officials removing the banner.

Hermann said the banner and 38 other billboards erected across Johannesburg sparked national and international debate and highlighted issues around race regulation in the country.

The City said the removal was strictly in accordance with the law. In a statement, it said the Outdoor Advertising By-Laws of 2009 require any party wishing to erect advertising on City property to apply for formal approval. No application had been submitted for the banner in question.

“Any party seeking to erect, install, or display an outdoor advertising sign on City-owned property must make an application and obtain formal approval from the City. The banner was erected unlawfully in direct contravention of the City’s by-laws. This is the sole reason for its removal by City officials, who acted strictly within their power and authority to enforce the law,” the City said.

The City said suggestions that the G20 summit influenced its decision were incorrect. “Any insinuation of bias or ulterior motive on the City’s actions is categorically rejected. The City cannot stand by without acting to stop the flagrant disregard of its by-laws,” the statement said.

Initially, the City offered to return the banner on the condition that it would not be re-installed until Solidarity complied with the by-laws. The City also refused to concede that its removal of the banner was unlawful. Solidarity rejected the offer and demanded the City admit wrongdoing, which the City said it could not do.

The legal dispute escalated when Solidarity filed urgent proceedings in the Gauteng High Court to have the banner reinstated. The union argued that its removal violated its rights and that the City’s actions were improper.

After filing its answering affidavit, which the City said exposed several issues with Solidarity’s application, the union approached the City late on 17 November 2025 to settle the matter. Solidarity requested that the court application be removed from the roll and that the banner be returned from City offices. The City accepted the proposal.

The City said the settlement closely mirrored its original offer. “The City reiterates its unwavering commitment to ensure the enforcement of its by-laws, consistently and transparently, regardless of the identity of the perpetrators of illegal conduct. The rule of law enjoins the City and everyone, including Solidarity, to act in accordance with the law at all times,” the statement said.

Solidarity said it is also finalising arrangements with the advertising agency to recover the money it paid for the banner. The union said that if the agency does not refund the funds, it will pursue legal action. Hermann said the campaign would continue through the other 38 billboards that remain active across Johannesburg.

Connie Mulder, head of the Solidarity Research Institute, said the union pursued the High Court proceedings to assert its legal and contractual rights. She said Solidarity was satisfied that the banner would be returned but emphasized that the campaign and the display of the other billboards would continue.

The City said it would continue to ensure all outdoor advertising complies with the law. It said enforcement actions would be taken when rules are not followed, and that consistent application of by-laws is essential to maintain order and legality in public spaces.

The settlement marks the end of the immediate conflict over the M1 banner. It resolves the legal tension while allowing Solidarity to continue its campaign within the boundaries of the law. Both parties said the agreement avoids further court proceedings and public expenditure, while clarifying the procedures for future advertising displays.

Dr Hermann said Solidarity would continue its campaign and pursue its contractual rights. The City said it remains committed to managing public property in line with the law and to applying its rules consistently to all parties.

The dispute highlights the tensions that can arise between public authorities and organizations seeking to exercise freedom of expression through public displays. While the banner has been returned, both Solidarity and the City have said they will continue to act within their legal rights.