Mayor Xaba welcomes ruling against DA as party maintains its right to criticise eThekwini’s handling of the water crisis.
The Durban High Court has found that a Democratic Alliance (DA) billboard linking three senior eThekwini Municipality officials to an alleged water-tanker mafia was defamatory, granting an interdict against the party while allowing it to continue criticising the municipality’s handling of the water crisis.
Acting Judge DJ Nzimande found that the campaign material harmed the reputations of Mayor Cyril Xaba, Municipal Manager Musa Mbhele and Executive Director Ednick Msweli, whose photographs appeared alongside the slogan: “You can stop the water tanker mafia. Vote DA on 4 November.”
The judge found that the publication was damaging to the officials and undermined public trust in their positions as municipal leaders.
“I therefore find that the post complained of is extremely damaging to the applicants (three municipality officials) and the position they hold in society,” the judge said.
The court granted an interdict restricting the DA from associating the three officials with the alleged water-tanker mafia or a criminal syndicate through the disputed campaign material. According to the municipality, the court also ordered the DA to pay the legal costs.
However, the ruling does not prevent the party from criticising the municipality’s performance, water infrastructure, service delivery or the procurement and management of water tankers.
The legal dispute followed the erection of a DA billboard along the N2 near Newlands East on September 28. The three officials argued that the billboard, which featured their photographs alongside the reference to a water-tanker mafia, suggested they were involved in or associated with criminal activity.
Although the billboard was removed by the property owner following the threat of legal action, the dispute continued in court.
Welcoming the judgment, Xaba described the billboard and subsequent social media campaign as racist and defamatory, accusing the DA of attempting to damage the reputations of municipal leaders for political gain.
“The court’s decision to order the removal and interdict the further dissemination of these harmful postings is a significant victory for truth, institutional integrity, and the rule of law,” Xaba said.
He maintained that the campaign had crossed the boundary of legitimate political criticism by associating him and the two senior officials with alleged criminal activity without evidence.
“While we champion the constitutional right to freedom of expression and robust political debate, these rights cannot be used as a shield to fabricate criminal allegations against public officials,” Xaba said.
He accused the DA of attempting to mislead residents, undermine confidence in municipal governance and damage the personal and professional reputations of the City’s leadership.
Xaba said the DA had opposed the court application on several grounds, including that the matter was not urgent, that the High Court lacked jurisdiction and that the relief sought would restrict political expression during an election campaign.
According to Xaba, the court was not persuaded by these arguments.
He said the judgment reinforced the principle that freedom of expression must be balanced against the rights of individuals to dignity and reputation.
“This interdict sends a clear message that political parties must be held accountable for the integrity of their campaigns,” Xaba said.
He added that political campaigns should not distract from efforts to address the municipality’s infrastructure challenges.
Responding to the ruling, DA eThekwini mayoral candidate Haniff Hoosen welcomed the part of the judgment that allows the party to continue challenging the municipality’s handling of water services and tanker procurement.
Hoosen maintained that the DA had never intended to accuse the three officials of direct involvement in the alleged water-tanker mafia.
He said the party would continue highlighting concerns about water provision, infrastructure maintenance and the management of water tankers while complying with the court’s order.
Asked whether the DA would apologise following the court’s finding, Hoosen said the party would abide by the ruling but would not issue an apology because the court had not ordered one.
The dispute comes against the backdrop of persistent water supply problems across eThekwini, with communities raising concerns about unreliable services, ageing infrastructure and dependence on water tankers.
In its campaign, the DA cited figures of approximately 13,000 reported water leaks and estimated losses of 21 billion litres of treated water a month as evidence of the municipality’s water challenges. These figures were provided by the party.
Xaba, however, pointed to steps taken by the municipality to reduce its reliance on privately hired water tankers.
He said eThekwini was now operating a fully insourced fleet of 318 water tankers, which he described as part of the City’s commitment to improving water provision and ending its dependence on private tanker operators.
The mayor maintained that the municipality remained focused on repairing infrastructure, improving the reliability of water supplies and addressing corruption through official and lawful processes.
“We thank the legal team for their swift action and welcome the court’s intervention in restoring accountability and protecting the dignity of public office,” Xaba said.
The judgment does not establish that any of the three officials was involved in a water-tanker mafia or other criminal activity. Rather, it addresses the reputational harm caused by the disputed campaign material while recognising the DA’s right to criticise municipal performance within the restrictions imposed by the court.
The ruling comes ahead of the November 4 local government elections, with water provision, infrastructure maintenance and municipal accountability among the issues facing eThekwini voters.
As political parties intensify their campaigns, the judgment highlights the distinction between legitimate political criticism and allegations that associate public officials with criminal conduct.
