‘No court order obtained’: ActionSA challenges removal of Soweto billboard - IOL

ActionSA says the City of Johannesburg unlawfully removed its campaign billboard in Diepkloof, Soweto, and is considering legal action over the billboard’s removal and alleged damage.

ActionSA says the City of Johannesburg unlawfully removed its campaign billboard in Diepkloof, Soweto, and is considering legal action, including criminal charges and a complaint to the Electoral Commission of South Africa (IEC).

ActionSA National Chairperson Michael Beaumont said the billboard, featuring party leader Herman Mashaba and the words “Lets Do It Again”, was removed from a privately owned site where the advertising space had been secured by a third-party media buyer.

ActionSA said it was investigating whether the billboard complied with the city’s regulations, but maintained that this did not justify its removal without a court order.

“The courts have explicitly and repeatedly ruled that the city cannot remove billboards without a valid court order obtained by the city and it was verified today that no such court order was obtained in relation to this billboard,” Beaumont said.

The party also said the billboard was damaged during its removal.

The party said it was engaging its legal teams over the removal and was considering several possible courses of action.

The possible action includes an urgent spoliation order, criminal charges in terms of the Municipal Electoral Act and a complaint to the IEC regarding the Electoral Code of Conduct.

ActionSA said the removal and damaging of election materials, including billboards, was a criminal offence under the provisions of the Municipal Electoral Act, carrying a fine or a sentence of up to 10 years’ imprisonment, and could also constitute a breach of the IEC Code of Conduct.

“These latter legal components are important because the billboard was maliciously damaged in its removal,” Beaumont said.

The party said the incident was led by the ANC MMC for Economic Development rather than municipal officials.

“The fact that this event was led by an ANC MMC, and not municipal officials, is a clear demonstration of what was the driving decision behind this removal,” Beaumont said.

ActionSA also said it had established that the ANC ward councillor in the area was the “chief protagonist” behind efforts to remove the billboard.

Beaumont linked the billboard dispute to ActionSA’s Johannesburg campaign ahead of the November 4 local government elections.

“It is clear that these billboards, and ActionSA’s Joburg Campaign, featuring Herman Mashaba and the words ‘Lets Do It Again’ are a threat to the ANC as a dying party in Johannesburg being rejected across the city for its prolific failures that have driven the city into the ground,” Beaumont said.

He also contrasted Mashaba’s previous record in Johannesburg with that of current mayor Dada Morero.

“While Herman Mashaba can campaign on a record of unprecedented success in Joburg, and invite residents to ‘Lets Do It Again’, Dada Morero’s record in Joburg is a horror movie most residents want to tune out of,” Beaumont said.

Beaumont said ActionSA would not accept what the party described as politically driven actions aimed at limiting political alternatives.

ActionSA said it would pursue an appropriate response through its legal teams.