The Western Cape High Court granted the EFF an order to interdict and restrain the DA-led council from removing the party’s election banners.
The Western Cape High Court granted the EFF an order to interdict and restrain the DA-led council from removing the party’s election banners.

City mum after Western Cape High Court steps in to prevent removal of EFF election banners

By Siphokazi Vuso Time of article published Oct 21, 2021

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CAPE TOWN - The City has remained mum on its way forward after it was dealt a heavy blow by the Western Cape High Court when it granted the EFF an order to interdict and restrain the DA-led council from removing the party’s election banners on Tuesday.

In response to questions around the outcome of the judgment, City spokesperson Luthando Tyhalibongo said: “The City notes the judgment of the Western Cape High Court and is still studying the content thereof. We will not make any further comments at this point in time.”

The legal clash started after the party had hung various banners on poles and bridges around the city to campaign for the imminent local government elections.

Via an email sent on October 3, the City then requested the EFF to remove the banners, citing that they contravened its advertising and signage by-law, failing which there would be a cost to the party.

The EFF then turned to the high court on an urgent basis seeking an interim interdict to prevent the City from enforcing the by-law.

The party argued that the City’s by-law and policies were “irrational”, adding there was no reason why the by-law permits banners for functions and events but not for elections and campaigning, according to papers.

Acting judge Adrian Montzinger interdicted and restrained the City from removing the election banners on Tuesday.

“Pending the outcome of the constitutional challenge in Part B of the notice of motion, the City of Cape Town is interdicted and restrained from removing the election banners of the Economic Freedom Fighters within the City metropole,” ordered Montzinger.

The EFF said the court outcome should be the first warning shot of the party’s ultimate victory in the upcoming local government elections.

“Currently the DA is frightened of the real threat that is certain to happen; its majority in the Cape metro will be significantly reduced and the metro will be hung. The DA runs to other towns and cities to hang banners, meanwhile refusing other political parties to do the same in the Cape metro.

“The EFF has successfully challenged the status quo that has remained intact in its white enclave of the Western Cape and commits to remove the racists on the November 1 and in 2024 to restore the dignity of blacks, and Africans in particular,” the party said in a statement.

Reacting to the outcome on Tuesday, UWC political analyst Keith Gottschalk said the court judgment considers flying banners, larger than posters, to be part of enfranchisement.

“It also points out that lockdown restrictions on meetings mean that campaigning political parties depend more than usual on ’no-contact’ ways of reaching voters. This judgment means that the EFF’s rivals will now race to get their banners up before election day,” he said.

Cape Times

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