Art collides with politics

Sculptor Andries Botha is in a legal battle with the eThekwini municipality, fighting for more than just the protection of three neglected elephant sculptures.

"I am fighting for freedom of speech and moral rights as protected in the Constitution. Creativity is protected in the Constitution and, though it has never been tested, I believe that I have no choice but to fight to protect artistic freedom," he said.

Botha was commissioned by the municipality to produce the massive elephants as part of a R500-million upgrading of Durban's new Warwick Avenue interchange. But the R1.2-million centrepiece was removed by the metro's executive council after ANC members said it was "an IFP symbol".

The IFP logo features three elephants.

"The project was near completion when an unannounced man arrived on site and told me to stop work. He would not divulge his name but said that the elephants were a political issue. I was then told by the principal contractor that I had to leave," Botha said.

After months of letter writing and informal consultation with the city, Botha was "forced" to appoint legal representation.

"When they announced that they would install the Big Five instead and scrapped the elephants, I realised that I had to consult lawyers to protect the integrity of the artwork and I had legal rights to ensure that the artwork exists," Botha said.

He added that his contract would be presented to court to show that he had a binding agreement with the city.

"This case is a critical issue because it is of public interest. Ratepayers' money has been wasted on the elephants, which have deteriorated due to negligence on the city's part."

The dilapidated stone and wire elephants are in the centre of the most polluted part of the city centre.

In June last year, Botha's R3-million statue of King Shaka at Durban's new airport was removed when Zulu monarch King Goodwill Zwelithini complained that it made his great-grandfather look like a herdboy.