Court grants an interim interdict against DA’s billboard

The Durban High Court has granted an interim interdict against the Democratic Alliance’s (DA) controversial water tanker mafia slogan on a billboard.

The billboard was erected next to the N2 in the Durban Metro at the end of September.

It featured photographs of eThekwini Mayor Cyril Xaba, City Manager Musa Mbhele and former water head Ednick Msweli, next to the message: ‘You can stop the water tanker mafia.’

While the billboard was taken down a few days later, Xaba and the two officials’ legal team argued that the billboard and similar references in statements and social media posts were defamatory.

In his ruling Judge DJ Nzimande said the order won’t curtail the DA’s right to free speech.

“The applicants satisfy all the requirements for an interim interdict. It has been demonstrated that the statement or publications of the statement or posts were widely publicized and continue to circulate on social media platforms. If no interim relief is granted, the applicant reputation and dignity of the office they hold will face irreparable harm. I am in no way persuaded that the granting of the interim relief unjustifiably interferes with the respondents’ rights to free speech. The general rule is that cost should follow the event. I do not see any reason why I should depart from that rule.”

Judge Nzimande outlined he kind of statements that have to be removed and cannot be repeated.

“In this order, the statements means any statement whether in words, images or both, published by the respondents in any platform that states or by clear and necessary implication in the context of the publication it appears conveys that any of the first, second and third applicants is or a member of the water tanker mafia or is complicit in or knowingly facilitates or knowingly profits from the water tanker mafia.”

The DA has claimed a victory for accountability following the ruling.

However, the party has been ordered to remove any references in statements and social media posts that imply that Xaba, Mbhele and Msweli, are linked to a water tanker mafia.

Reacting to the order outside court, the DA’s mayoral candidate Haniff Hoosen pointed out that they are still allowed to hold office bearers accountable over the Durban Metro’s water problems.

“For me, and for the DA personally, I think this for us, is a victory in terms of accountability, and that the court has issued a very clear order that we can continue criticising the municipality for their failed performance, including the mayor and the senior officials, who have caused the water crisis in Durban. For so many years, people are suffering under a massive water crisis here, 13 000 active water leaks and 65% of our water is going down the drain. We will continue fighting for the people of the city to hold the city leadership accountable. And that is, for us, the greatest takeaway out of this order.”