DURBAN, Thursday 15 October 2026 — An urgent court application brought by eThekwini Mayor Cyril Xaba and two senior municipal officials against the Democratic Alliance (DA) over a controversial election billboard did not proceed on an urgent basis in the Durban High Court on Thursday.
The matter was postponed after the court declined to hear the application on an urgent basis, according to the DA, which opposed the proceedings.
The development represents a procedural setback for Xaba and the officials, who are seeking legal relief over a billboard they argue was defamatory.
The court has not yet determined whether the billboard was defamatory or whether the DA should be prohibited from making similar statements.
Court declines to hear matter urgently
DA eThekwini mayoral candidate Haniff Hoosen welcomed Thursday’s outcome, describing it as an initial victory for the party.
Hoosen said the DA had opposed the urgency of the application and maintained that the matter should not be dealt with through urgent proceedings.
The party said its position prevailed when the application was not heard on Thursday.
The postponement means the substantive dispute remains unresolved.
A new hearing date had not been confirmed at the time of publication.
Billboard targeted eThekwini leadership
The dispute began after the DA unveiled an election billboard along Durban’s N2 highway on 28 September.
The billboard featured photographs of Xaba, City Manager Musa Mbhele and the municipality’s Water and Sanitation Unit head, Ednick Msweli.
It carried the message:
“You can stop the water tanker mafia. Vote DA on 4 November.”
The DA said the billboard was intended to draw attention to persistent water supply problems, infrastructure failures and the municipality’s reliance on water tankers.
The party has repeatedly criticised eThekwini’s handling of its water infrastructure and the impact of prolonged interruptions on residents.
Xaba argues billboard damaged reputations
Xaba, Mbhele and Msweli challenged the billboard, arguing that its wording and the use of their photographs associated them with criminal activity.
They maintained that the advertisement damaged their reputations and went beyond acceptable political criticism.
Xaba previously said the municipality accepted robust political debate but objected to suggestions that senior officials were involved in criminal conduct.
In comments reported on Thursday, he maintained that the billboard had caused reputational harm and said he wanted the court to consider the matter.
The DA disputes the interpretation advanced by the applicants.
DA defends political expression
The DA argues that the billboard criticised the officials’ handling of the water crisis rather than accusing them of belonging to a criminal organisation.
In its opposing papers, the party maintained that the message concerned the responsibility of municipal leaders to address problems affecting water infrastructure and supply.
The DA also argued that political parties must be able to criticise public officials during election campaigns.
Hoosen said the party would continue raising concerns about eThekwini’s water problems.
The billboard has since been removed by the advertising company.
The DA maintains that it did not authorise the removal.
Legal dispute continues ahead of elections
The case comes less than three weeks before the 4 November local government elections, with water supply among the major service delivery concerns facing eThekwini residents.
The dispute raises competing questions about political expression, the reputational rights of public officials and the limits of criticism during election campaigns.
Thursday’s proceedings did not resolve those questions.
The matter will remain before the court until the outstanding legal issues are determined or the parties reach another resolution.
For now, the DA has avoided an urgent hearing on the billboard dispute, while Xaba and the two municipal officials retain the opportunity to pursue their application.
