The DA says it will continue to hold eThekwini’s leadership accountable for the water crisis after outgoing Mayor Cyril Xaba’s urgent court application over its controversial billboard did not proceed on Thursday.
The legal battle over the Democratic Alliance’s (DA) water tanker billboard took another turn on Thursday, October 15, when the court did not hear outgoing eThekwini Mayor Cyril Xaba’s application on an urgent basis.
DA eThekwini mayoral candidate Haniff Hoosen described the development as a first step towards victory for residents and the public’s right to know what is happening in the city.
“For us, this is a first step towards victory for the public’s right to know the truth. The mayor wanted to gag the DA and prevent us from speaking out about the city’s water crisis,” Hoosen said.
“He argued that the matter was urgent and should be heard today, but the case did not proceed on that basis.
“The mayor did not get his way today, and the people have won. We will continue to speak out about the water crisis and hold those responsible for the city’s failures to account, unless and until the court directs otherwise.”
The matter was postponed to a future date, which had not been confirmed at the time of publication. The court has yet to determine the merits of the application.
Xaba says billboard damaged officials’ reputations
Xaba defended the legal challenge, arguing that the billboard had gone beyond the bounds of acceptable political speech and damaged the reputations and dignity of the officials featured.
“They’ve actually exceeded the bounds of acceptable speech. They now are calling our characters into action. They are damaging our reputation. I must say that the billboard was damaging,” Xaba said.
He also said the billboard had attracted widespread attention, with the matter circulating beyond the immediate dispute, and indicated that he wanted the court to express an opinion on it.
Xaba said the billboard had been taken down, but questioned who had removed it. He suggested that the removal had been compelled by concerns over its legality, while maintaining that the officials wanted an apology for the harm they believed had been caused to their dignity and reputations.
The dispute stems from a billboard unveiled by the DA along Durban’s N2 on September 28, featuring photographs of Xaba, City Manager Musa Mbhele and eThekwini Water and Sanitation Unit head Ednick Msweli.
The billboard carried the message: “You can stop the water tanker mafia. Vote DA on 4 November.”
It highlighted the city’s ongoing water challenges, including persistent supply interruptions, leaking pipes, delayed repairs and communities’ reliance on water tankers.
Xaba, Mbhele and Msweli subsequently approached the court, arguing that the billboard was defamatory and seeking legal relief against the DA.
In his court papers, Xaba argued that the combination of the officials’ photographs and the wording associated them with criminal activity linked to the water crisis, potentially damaging their reputations and suggesting they had knowingly tolerated or participated in organised criminal activity.
The DA opposed the application, defending its right to criticise those in power and raise questions about the municipality’s handling of water service delivery.
According to Hoosen’s statement, the billboard was removed by the advertising company following reports of intimidation involving the landowner. The DA has maintained that its message raised legitimate questions about accountability.
Hoosen said the dispute was about more than a billboard, arguing that political parties should be able to criticise those in power and that residents had a right to information about the challenges facing their city.
“We will continue to defend freedom of expression and the public’s right to hold elected leaders accountable. The people of eThekwini deserve answers and reliable water in their taps, not attempts to silence those who raise concerns about service delivery,” he said.
The case unfolds ahead of the November 4 local government elections, with water supply and service delivery among the issues facing eThekwini residents.
Thursday’s postponement does not amount to a ruling on whether the billboard was defamatory. The court has yet to determine the merits of the dispute, including the competing arguments over political expression, reputational harm and accountability.
