Solidarity takes Lesufi and JMPD to court over removal of ‘race banner’

City’s bylaws do not give officials power to remove advertisements, says trade union

Solidarity's controversial banner on the M1 was removed by JMPD. (Solidariteit/ Facebook)

Solidarity has escalated its fight to court over a “race banner” allegedly illegally removed by the Johannesburg metro police department (JMPD) earlier this week.

The controversial banner, which was on the M1 South between Smit Street and Empire Road, read: “Welcome to the most race-regulated country in the world.”

Solidarity said this was part of its awareness campaign regarding race laws in the country ahead of the G20 summit later this month.

JMPD spokesperson Xolani Fihla said the banner was removed due to non-compliance with the city’s bylaws.

“For one person who wants to advertise whatever signage, they need to apply through the city, then have to be regulated and checked if it’s OK and the process has been followed, then a payment needs to be done for the advertisement to be put up,” Fihla said in an interview with Radio 702.

“The information we have at the present moment is that the signage was not applied for through the City of Joburg. The city has a prerogative to decide what kind of messages should be put on whatever public space that is within Johannesburg. That’s the reason the signage was removed.”

The banner has now also become a mirror of a government that takes the law into its own hands and that undermines freedom of speech. While Lesufi should be a statesman for G20 countries, he is now an activist who removes banners

—  Dirk Hermann, Solidarity CEO

Solidarity served Gauteng premier Panyaza Lesufi and the JMPD with court papers on Thursday, arguing that their actions were “unlawful and politically motivated”. The matter will be heard in the Johannesburg high court on Tuesday.

“The banner’s purpose was to hold up a mirror to the world of South Africa’s racial policy. The government is now denying its own policy and removing references to it,” Solidarity CEO Dirk Hermann said.

“The banner has now also become a mirror of a government that takes the law into its own hands and that undermines freedom of speech. While Lesufi should be a statesman for G20 countries, he is now an activist who removes banners.”

The trade union said the city’s bylaws do not give officials the power to remove advertisements.

“The city council also never issued the required notice or asked for an explanation. This is contrary to the general principles of administrative justice, as well as a court ruling against the city council in August, in which the court expressly found that similar action by the city council was unlawful.”

Solidarity demanded the immediate restoration of the banner or that the banner be returned to them free of charge.

“In the meantime, Solidarity will continue to erect similar billboards across the province.”

TimesLIVE


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