High Court bars DA from using ANC councillors’ images on George campaign posters

GEORGE NEWS - An urgent court application over the alleged misuse of councillors’ images for political campaigning has resulted in a legal setback for the Democratic Alliance (DA).

The Western Cape High Court on Thursday 22 January granted an urgent interdict in favour of Faith Mdaka and three other George ANC Councillors, who argued that photos taken of them at a municipal housing handover were later used to suggest they supported the DA’s election campaign.

DA provincial leader Tertuis Simmers said this morning that they are waiting to be served with the application and the court order. “We have not yet been formally informed. Our attorneys are dealing with the matter,” said Simmers.

The applicants approached the court after images taken during an official George Municipality housing handover - a government function - were repurposed in DA-branded campaign material and social media posts.

This, they claimed, led to political misrepresentation at a sensitive time, with voters heading to the polls in key George wards. They said the use of the photos falsely implied political endorsement and was done without their consent.

Acting Justice Welgemoed presided over the matter in Cape Town, ruling in favour of the applicants and ordering immediate remedial action.

In terms of the court order, the DA, the George Local Municipality and George Mayor Browen Johnson are interdicted from publishing or disseminating any social media posts or photos identified in the court papers that depict the applicants in a manner suggesting they endorse or support the DA.

The respondents are further prohibited from using the images or likenesses of the applicants - taken during the housing handover event - for any political purposes without prior written consent.

The court ordered that all the posts must be permanently deleted from platforms under the respondents’ control within two hours of service of the order. In addition, a retraction of the same prominence as the original posts must be published on the same platforms.

The First, Second and Third Respondents were also ordered to pay the legal costs of the application.