water tanker mafia billboard
Nomonde Zondi|Published
The Durban High Court on Wednesday morning interdicted the DA and its mayoral candidate, Haniff Hoosen, from making further defamatory statements against eThekwini mayor Cyril Xaba, city manager Musa Mbhele and former executive director of water and sanitation Ednick Msweli.
The case stems from a DA billboard featuring the faces of Xaba, Mbhele and Msweli, alongside the words: “You can stop the water tanker mafia. Vote DA for water in your taps.”
The billboard was erected along the N2 near the Racehorse Valley Business Estate. Although the DA subsequently removed it, the applicants argued that statements relating to the billboard continued to be made.
Acting Judge D.J. Nzimande found that the publication was damaging to the three officials and their standing in society.
“I therefore find that the publication is extremely damaging to the applicants and the positions that they hold in society. Harm had been caused against the applicants,” Nzimande ruled.
He said a reasonable reader would understand the DA’s statements to mean that the municipal officials were unworthy of the offices they held and were complicit in the activities of the so-called water tanker mafia.
The acting judge found that the political party had infringed the trio’s right to dignity, stressing that the right to freedom of expression was not unlimited.
He also rejected the DA’s argument that its use of the term “water tanker mafia” did not amount to an invasion of the applicants’ rights. Nzimande further dismissed the party’s contention that the court lacked jurisdiction to hear the matter because it concerned defamation and the right to dignity.
“I am of the view that the defence raised by the respondents is not valid and cannot be sustained,” he said.
Nzimande agreed with the applicants that the matter was urgent, saying they could not be expected to endure continued harm while the proceedings ran their course.
“Applicants cannot be compelled for the harm to continue. The respondents can continue to criticise the current administration,” he said.
He also rejected the DA’s argument that the statements were not personal, pointing out that the municipality itself was not a party to the proceedings.
In terms of the order, the DA must, within 24 hours, remove any posts or statements relating to the water tanker mafia from its website and social media platforms, as well as remove any remaining physical displays.
The party must also, within 48 hours, deliver an affidavit to the applicants’ attorneys confirming compliance with the order.
The DA was ordered to pay the costs of the application on the attorney-and-client scale, including the costs of two counsel.
Xaba, who has regularly attended the proceedings, was not in court on Wednesday. It is understood that he had other engagements. Speaking outside court, Hoosen said the DA would not apologise for the statements, arguing that the court had not ordered the party to issue an apology.
“That is a victory for us because the other party wanted us to apologise. We are fighting on behalf of the people and we are not going to apologise for that,” he said.
nomonde.zondi@iol.co.za