The KZN High Court (Durban) has interdicted the DA and its eThekwini mayoral candidate, Haniff Hoosen, from making any further statements associating Mayor Cyril Xaba, city manager Musa Mbhele and executive director for water & sanitation Ednick Msweli with the water tanker mafia, reports News24.

Xaba, Mbhele and Msweli took the DA to court after the party’s ‘water tanker mafia’ billboard – which featured photographs of Xaba, Mbhele and Msweli alongside the words: ‘You can stop the water tanker mafia’ – was removed from the N2 near the Racehorse Valley Business Estate.

However, the same messaging continued to be used on the party’s social media platforms.

The three city leaders approached the court for an interdict to stop Hoosen and the DA from making any further posts associating them with the water tanker mafia. 

Their argument was that Hoosen had no proof and that the statements were damaging to their image as leaders.

In their notice of motion, the three also sought relief in the form of an apology.

However, in his order, Acting Judge DJ Nzimande made no mention of an apology.

Nzimande ruled that Hoosen and the DA were prohibited from making statements, whether in words, pictures or videos, on any platform conveying that any of the three was a member of or associated with the water tanker mafia, or complicit in or profiting from it or any criminal syndicate connected with water tankers.

Nzimande ruled: ‘Pending determination of final action within 20 days by the applicants, the respondents or any person acting on their instruction are restricted from further publishing these statements.’ 

The judge also ordered the removal of any material already published as well as any physical display that contained the statement at the heart of the matter.

‘The respondents are to delete these from any digital platform that the respondents control, and they are to deliver within 48 hours of doing this an affidavit to the applicants of such.’

Nzimande also ordered the respondents to pay costs, according to News24.

In reaction to the ruling, Hoosen said: ‘I will abide by the court ruling, but nowhere in the court ruling are we expected to issue an apology whatsoever. That’s a victory for us because that’s what the other side wanted. We are fighting on behalf of the people, and we’re not going to apologise for that.’

Full News24 report