Billboard battle intensifies as outdoor ad industry accuses Sanral of defying court order

Daily Maverick

a day ago

The outdoor advertising industry has hit back at the South African National Roads Agency's accusation that all billboards along the R21 in Ekurhuleni are illegal.
The dispute over hundreds of allegedly illegal billboards along the R21 between Joburg and OR Tambo International Airport has escalated.
The outdoor advertising industry is now accusing the South African National Roads Agency (Sanral) of disregarding a court case, misleading the public and unfairly tarnishing the reputation of legitimate businesses that contribute significantly to the City of Ekurhuleni's coffers.
A recent Daily Maverick exposé revealed Sanral's position that not a single billboard along the freeway is legal – a claim the agency continues to stand by.
However, Angelo Tandy, chairperson of Out of Home Media South Africa (OHMSA), the industry's umbrella body, says Sanral has no jurisdiction over the boards since they fall within Ekurhuleni's boundaries.
He bases this claim on a recent court case, HMKL 3 Investments (Pty) Ltd v Sanral, in which the North Gauteng High Court found that Sanral's authority did not extend into municipal urban areas governed by their own advertising bylaws.
'The judgment made clear that where municipalities have promulgated advertising bylaws, Sanral's powers fall away,' said Tandy. 'The court found that Sanral's Section 50 regulations do not apply in urban areas with municipal control and Sanral's appeal was never successful.'
In that case, HMKL had sought an urgent interdict to stop Sanral from erecting a toll gantry on the N1 that would block visibility of its billboards. Sanral argued that the boards were illegal under the National Roads Act. But the court ruled that since the signs fell within the City of Tshwane's jurisdiction, Sanral had no regulatory power.
Yet Ekurhuleni itself, which in July 2025 issued a deadline for the billboard owners to regularise by 4 August, confirmed that most billboards within its boundaries are illegal, including those on private property erected without permission.
The City further confirmed that no outdoor media operators had complied with the deadline or the requirements, and the City would proceed with issuing notices to those owners whose billboards remain unregularised.
Systemic challenges
Beyond jurisdictional disputes, the industry is battling broader systemic challenges, says Tandy.
Applications for billboard permits are reportedly stuck in bureaucratic limbo for years, despite clear bylaws meant to streamline the process.
'This contradicts the spirit and letter of outdoor advertising legislation and stymies legitimate business.'
Transformation remains another sore point.
'New entrants into the OOH advertising sector face disproportionate barriers, from inefficient public administration to a lack of municipal support,' he said.
Some policy proposals, he added, are 'draconian' and threaten to undermine rather than support transformation goals.
OHMSA also took aim at the City of Ekurhuleni's recent clampdown on billboards, in particular, a high-profile campaign by the mayoral committee member for development planning and real estate, Nomadlozi Nkosi, who, they claim, 'defaced' three allegedly illegal boards with red stickers in July.
'We are concerned with the process,' said Tandy. 'There was no transparency or fairness. OHMSA was not consulted, despite being a key stakeholder in the sector.'
He stressed that proper consultation could have led to a resolution, as has occurred in other metros. 'Instead, OHMSA has been consistently excluded from discussions on tariffs, bylaw amendments and other vital matters.'
Nevertheless, OHMSA says it remains open to engagement. 'We are committed to working with government and municipalities to drive transformation in line with national empowerment policies,' Tandy said. 'We want to support SMMEs and build strong, collaborative relationships across the sector.'
Other industry players have come on board to argue that court rulings have consistently limited Sanral's reach in urban areas.
David Malherbe, an industry representative, is demanding an apology from the roads agency.
'Where a municipality had promulgated regulations in an urban area of control, Sanral does not have authority to regulate. So they must explain why they issue press releases claiming every single sign on the R21 freeway is illegal when they very well know they have no standing over the regulating of such signs.
'Unless they can provide court evidence showing that this judgment was overturned, then their comments may be considered defamatory and damaging to both operators and advertisers and they should apologise,' he said.
He added that alleged corruption within the municipality's planning department had further complicated matters.
Sanral, City resolute
Sanral, however, is standing firm, saying the court case has no bearing on the Sanral Act. It argues that until a Constitutional Court ruling says otherwise, it retains enforcement powers and will act accordingly, including issuing removal notices, seeking interdicts and recovering costs from noncompliant billboard owners, arguing that its authority remains intact.
Sanral spokesperson Lwando Mahlasela said: 'There is no high court decision declaring sections 48 or 50 of the Sanral Act unconstitutional or invalid. Until such time, the Act stands and applicants cannot ignore it merely because they hold municipal approval.'
Sections 48 and 50 give the agency sweeping powers over infrastructure and advertising related to national roads, prohibiting any unauthorised structures or advertisements visible from these routes, even within urban areas, he added.
Sanral maintains that many billboards are structurally unsound, obstruct road signs and endanger motorists. 'They compromise visibility and road safety, and deprive both Sanral and municipalities of rightful revenue,' Mahlasela added.
Rent for a high-visibility sign along a national road can reportedly reach R400,000, with Sanral and municipalities expecting a 20% revenue share from advertisers, money which seldom reaches the City's or Sanral's coffers.
City of Ekurhuleni spokesperson Zweli Dlamini said the deadline of 4 August given by the mayoral committee member had come and gone and 'as of now, no billboard operators have fully complied with the requirements'.
'The industry is currently in the process of compiling and submitting its renewal applications. Engagements with relevant stakeholders are ongoing,' he added.
'The City will proceed with issuing notices to operators whose billboards remain unregulated. These notices will require the operators to either bring their billboards into compliance or remove them, in line with applicable regulations.' DM