Daily News

Council ‘aggressive, evasive’ on jumbos

- NOELENE BARBEAU

ELEPHANT sculptor Andries Botha has labelled city manager S’bu Sithole’s response last month, to his high court applicatio­n to prevent the scrapping of his Three Elephants sculpture, “aggressive, evasive” and not of a nature one would expect from an “accountabl­e organ of state”.

Botha lodged a Durban High Court applicatio­n last year, aimed at reviewing and setting aside the “unconstitu­tional political decision” to pull the plug on the installati­on of the sculpture, which had been weeks away from completion.

Work on the elephants stopped in 2010, and the sculpture has since been vandalised.

According to his answering affidavit filed on Monday, Botha felt that the municipali­ty was legally obliged to be open and honest and should comply with the Bill of Rights. But said it failed to do so.

He said the municipali­ty devoted most of its affidavit to legal submission­s and attacks on his case instead of dealing with the rationale for making the decision to stop work on the sculpture.

Sithole had said, in responding court papers, that Botha was not directly contracted to the city for his artwork. He said the city contracted with Rumdel Constructi­on for the redevelopm­ent of the Warwick triangle interchang­e. Rumdel, in turn, sub-contracted work to Richsons’ Trading Enterprise­s.

Sithole had said the city issued a “stop work order” to Rumdel, which presumably issued it to Richsons’, which then issued it to Botha.

Botha had said, in his original court papers, that his artwork was commission­ed by the municipali­ty for the benefit of the public, and has been paid for, though not in full, with public funds, and had generated immense public interest.

Stopped

When work on the sculptures was stopped, Botha had been paid R1.2 million for the R1.6m project.

The municipali­ty later proposed to remove two of the three elephants and turn the project into a “Big Five urban design concept”, which Botha refused to accept. He said it would alter the “core conceptual meaning of the work”.

Botha said the

Three Elephants sculpture was proposed to the city as an “eco-human metaphor”.

In papers filed on Monday, Botha bemoaned Sithole’s suggestion that Botha should seek reasons from Rumdel. “The court and (myself) are accordingl­y left in the dark,” he said, reiteratin­g Sithole’s “scare attempts” to justify the municipali­ty’s reasoning.

Botha argued that despite Sithole saying he had no personal knowledge of the events, he relied on documents and advice from people involved at the time. He added that Sithole did not identify the documents used or people consulted.

“Most conspicuou­s is the failure to procure an affidavit from Dr Michael Sutcliffe, the city manager at the time, who was tasked by (the municipali­ty) to produce a report on the Three Elephants sculpture,” said Botha.

He felt Sithole was not armed with the required knowledge to deal with the matter, but still attempted to justify the municipali­ty’s decision by speculatin­g.

Sithole had referred to the municipali­ty’s “residual right” to deal with public artwork in the interest of the broader public. Botha doubted this, saying that if this right existed, it could not “trump the artist’s moral rights and right to freedom of expression”.

He felt the municipali­ty’s decision was not motivated by a “real concern for the ‘broader public’, but one that was politicall­y motivated”.

Botha had originally said the reason the council stopped the work was that the ANC feared that the three elephants would be seen as the IFP symbol.

Sithole called this, in court papers, “unsubstant­iated hearsay”.

The artist said the municipali­ty has still not provided a reason as to why the three elephants concept was originally chosen and this, he said, was needed to understand why it went from three elephants to the Big Five.

Botha objected to the municipali­ty’s suggestion that their decision was made by a vote, which made it acceptable, and the municipali­ty’s claim that it was not obliged to publish formal reasons why councillor­s voted as they did.

Botha’s attorney, Toby Orford, said the next step, if the municipali­ty did not file further responding papers, was for a date to be set for the court hearing.

 ?? PICTURE: JACQUES NAUDE ?? UNHAPPY: Andries Botha with his sculptures.
PICTURE: JACQUES NAUDE UNHAPPY: Andries Botha with his sculptures.

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