ActionSA says Johannesburg removed Soweto campaign billboard without court order, considers legal action

ActionSA says the City of Johannesburg removed a campaign billboard in Diepkloof, Soweto, without a court order and that the billboard was damaged during the removal. The party said it is engaging legal teams and considering urgent legal remedies and complaints to the Electoral Commission of South Africa (IEC).

Party alleges unlawful removal and damage

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

Beaumont said the party was investigating whether the billboard complied with city regulations but maintained that any doubt about compliance did not justify removal without a court order. He said:

“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.”

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

Legal and electoral options under consideration

ActionSA said it was engaging its legal teams and weighing several possible actions. The options the party listed include seeking an urgent spoliation order, laying criminal charges under the Municipal Electoral Act, and lodging a complaint with the IEC under the Electoral Code of Conduct.

The party noted that removal and damaging of election materials, including billboards, is a criminal offence under the Municipal Electoral Act and could carry a fine or a sentence of up to ten years’ imprisonment, and that such acts could also breach the IEC Code of Conduct. Beaumont said these legal elements were important because, in the party’s view, the billboard had been “maliciously damaged in its removal.”

Who led the removal, and campaign context

ActionSA said the incident was led by the ANC MMC for Economic Development rather than municipal officials and that the ANC ward councillor in the area was the “chief protagonist” behind efforts to remove the billboard.

Beaumont linked the dispute to ActionSA’s Johannesburg campaign ahead of the November 4 local government elections, saying the billboards and the campaign were a threat to the ANC. He contrasted Mashaba’s record in Johannesburg with that of the current mayor, Dada Morero, saying:

“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 ActionSA would not accept what the party described as politically driven actions aimed at limiting political alternatives and that it would pursue an appropriate response through its legal teams.

What the party says next

ActionSA said it was considering criminal charges and a complaint to the IEC, and that its legal teams would determine the next steps.