THE DA billboard saga is far from over after eThekwini Municipality officials launched legal action against the party and its mayoral candidate demanding the removal of all statements accusing them of being part of a "water tanker mafia".
Mayor Cyril Xaba, city manager Musa Mbhele and technical services director Ednick Msweli have filed court papers at the Durban High Court demanding that the party issue a public apology.
The billboard, which has since been removed, featured photographs of the three officials alongside the words: "You can stop the water tanker mafia."
The officials want the matter to be heard by Thursday. They are asking the court to order the DA to remove all statements referring to the issue and to stop the party from making further statements about it. Although the billboard has been taken down, the officials said the publications remained online.
"The meanings conveyed by the respondent, the DA, impute criminality, corruption, financial self-enrichment and dishonesty to senior officials whose standing depends on their integrity. The statements are false and prima facie defamatory," the court papers state.
"Each applicant has a clear right to his dignity and good name, which has been infringed by the defamatory statements. The injury to the applicants has been and continues to be committed."
The officials said the defamatory publications remained highly visible and accessible online, making their spread difficult to control.
"Each day increases the harm to the applicants and, as long as the publications remain online, the harm will continue," the court papers state.
The court papers say the city officials believe the DA will continue making similar statements in the run-up to the 4 November local government elections.
They said they had turned to the court because there was no other way to resolve the matter, adding that they had asked the DA to remove the statements, but the party had refused.
The court papers stated that the statements were intended to influence voters ahead of the local government elections and would be difficult to remedy after the elections.
"The applicants accordingly seek interdictory relief in order to vindicate and protect their rights," the papers said.
The relief sought includes an order directing the DA to remove all offending material from its media and social media platforms within 24 hours after the hearing, the DA to publish a retraction within 72 hours and display it prominently on its platforms for 14 days.
In his affidavit, Xaba said the billboard made damaging and unfounded allegations at a glance.
"The billboard was read by passing motorists in a few seconds. It stated no facts. Its message was conveyed through the juxtaposition of the slogan with the three photographs."
Xaba said despite the billboard being removed, the DA's mayoral candidate continued to share images of it on social media.
Xaba said the overall impact of the billboard and the related statements was to associate the city officials unjustly with criminal activity.
The mayor's affidavit rejected the DA's explanation that the billboard did not accuse the officials of being part of a water mafia, but instead accused them of failing to act to address the situation.
"If the publication is read as the DA now reads it, it conveys that the three of us have knowingly and wilfully tolerated and participated in organised criminal activity that profits from the water crisis, and failed to stop it even though we could," the affidavit stated.
"This meaning is itself defamatory of senior public officers. It imputes dishonesty and a breach of our official duties, and is not supported by any facts disclosed in the publication or in the DA attorney's letter."
Hoosen said the DA was ready to defend its position in court on 15 October.
"Our billboard was a call to action, not an accusation of criminal involvement. The three officials featured on the billboard occupy the most senior positions of accountability for this crisis.
"They have the authority and responsibility to fix the infrastructure, restore a reliable water supply and end the conditions that allow the water tanker mafia to flourish.
"They have the power to stop the water tanker mafia. That is precisely why their faces appeared on the billboard," he said.