Joburg mayor Herman Mashaba File picture: Nokuthula Mbatha/ANA Pictures
Johannesburg - Black First Land First (BLF) has filed papers asking the high court in Joburg to declare mayor Herman Mashaba “not fit and proper” after allegations that the city gave the DA preferential treatment when it was granted permission to march to the Gupta property in Saxonwold last month.

The BLF has also accused Mashaba of abusing his office to promote a party-political interest. In the papers filed on Friday, the BLF argued that the DA was in contravention of the Regulation of Gatherings Act, No 205 of 1993 when it marched to the Gupta home in that the notice period given for the march was less than the required seven days and also less than the 48 hours stipulated in Section 3(2) of the Act.

“The convener had evidently given short and insufficient notice to the responsible JMPD officer concerned. Moreover, the convener had also not bothered to indicate in writing the reasons for such short notice.

“This is in contravention of the provisions of Sections 3(3)(i) of the Act which in turn requires substantial compliance. This is not the first time the DA had applied for authority from a municipality to conduct a protest and to this end ought to have had knowledge of the notice period requirements as indicated in the Act.”

Asked for comment on Saturday, Mashaba said he has not seen the court papers but dismissed the application as grandstanding that shows the BLF is determined to be captured by the Guptas.

READ MORE: #DAMarch: Outrage over ‘power abuse’ by City of Joburg

“I am not sure what you are talking about. Are they suing us or what? How do I respond to that? I am not in the country, I’ll be back tomorrow morning.

“I have not seen anything and I am sure if there were papers my legal team would have responded. I am sure why they have not worried themselves to let me know is because the (papers) have been served papers by people who are allowing themselves to be captured by Guptas.

“As a mayor, the question of issuing marching orders is something that is far away from me. So obviously I instruct them not to unnecessary grandstand because they are forcing themselves to be captured by the Guptas, looks like they are determined to be when is not necessary.”

In the court papers, the BLF further stated that the DA did not comply with the requirements of the Act which stipulates the DA had to discuss and or negotiate with the owner of the property prior to the notice being submitted to the JMPD.

BLF also accused the DA of inciting violence against the Guptas. “ the use of language in the branding of the event as 'state capture' and the message “ZUMA’s CAPTURE SITE” on placards outside the Guptas property by DA -- it too speaks of an intention to cause harm and is emotive It erroneously casts the Guptas as corrupt and as the enemy and in so doing mobilises misinformed public perception and action against them.”

Sunday Independent