Note to editors: Please find attached video by Haniff Hoosen, DA eThekwini Mayoral Candidate.
The DA has won the first round in the court battle with the outgoing eThekwini Mayor, Cyril Xaba.
Mr Xaba’s attempt to process his matter on an urgent basis today was rejected by the Court, and the DA’s position that this matter is not urgent prevailed.
The court did not hear Xaba’s application on an urgent basis today and the matter was postponed.
For us, this is a first victory as we fight for the public’s right to know the truth.
The mayor of eThekwini wanted to gag the DA and prevent us from speaking out about the city’s water crisis. He argued that the matter was urgent and should be heard today, but the case did not proceed on that basis.
We will continue to speak out about all matters where the public suffers, and government officials fail to solve the crises.
Instead of spending money on lawyers, they should fix the 13,000 water leaks in eThekwini.
Background to the billboard case.
On September 28, the DA unveiled a billboard along Durban’s N2 featuring outgoing Mayor Cyril Xaba, City Manager Musa Mbhele and eThekwini Water and Sanitation Head Ednick Msweli.
The billboard carried the message: “You can stop the water tanker mafia. Vote DA on 4 November.”
This billboard highlighted the ongoing water crisis in eThekwini, including persistent supply interruptions, leaking pipes, delayed repairs and the reliance on water tankers by communities affected by poor service delivery.
Xaba, Mbhele and Msweli subsequently launched a court application challenging the billboard and seeking legal relief against the DA. They objected to the wording, arguing that it was defamatory. We opposed the application and defended our right to hold public officials accountable for the city’s water crisis.
The billboard was removed by the advertising company following a report of intimidation on the landowner, but the DA has maintained that our message raises legitimate questions about water service delivery and accountability in eThekwini.
This case is more than a billboard. It is about the right of political parties to criticise those in power and the right of residents to hear the truth 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.