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Sunday, February 24, 2013

SETTLEMENT FOR ELEPHANTS




Work will soon resume on three controversial Durban elephant sculptures by Andries Botha that became the subject of a political wrangle in 2010. The sculptures are meant to symbolise "the forgotten conversation between man and nature" and were commissioned at a cost of R1.5-million as part of the Warwick Junction redevelopment plan.

Artists far and wide, both in South Africa and abroad, have welcomed the fact that Andries Botha and the eThekwini Municipality have now reached an out-of-court settlement after work on the project was halted in 2010.

Over the past two years, it has been a cause of much concern to many art lovers and supporting members of the public to drive past the unfinished sculptors on the main freeway into town approaching the Warwick Triangle area. Originally surrounded by shade cloth, the sculptures became prey to vandals and neglect.

As part of the agreement with the Municipality, Botha will complete the sculpture of a small herd of elephants on the original site.

Andries Botha released the following statement on Facebook:

May I take this opportunity to address the most important aspect of the success that we have gained in the so-called "Elephant Saga" in Durban. In hindsight it is completely evident to me that the victory in securing the rebuilding of the elephants is an example of a multi-layered advocacy that does not include one person, but many. I have personally been encouraged and taken heart from the many supporters that have spoken passionately and articulately about the tragedy of the Durban Elephants. You are all too many to name, those of you who have loyally supported the social networks and spoken your strong and articulate views about the on-going saga between myself and the eThekwini municipality.

I would like to unreservedly thank you for your support in securing this important legal decision on behalf of the freedom of speech, the right for the public to have access to creativity and last, but not least, the moral authority of a work of art as a piece of intellectual property that is so adequately protected by our constitution. You have all played a most significant and important part in this significant victory. It is also now true that the elephants have now truly become part of the public property and ownership.

I would also like to thank by name my legal team who entered this legal discourse in order to defend not only the constitution but the principles at hand. They are Gilbert Marcus, Max du Plessis, Alan Boulle, Toby Orford and last but not least J P Purshotum. If I mention individuals by name I suspect I shall be held responsible for omission. There have been many and I am, of course, grateful for their loyal support.

We are currently in discussion to begin the rebuilding phase. We shall keep you informed as the matter progresses.

Once again, may I assure you that your support was inspiring and comforting and this victory would not have been possible without you. Sincerely and respectfully, Andries Botha”

More information at http://andriesbotha.net/