Despite finding businessman Kenny Kunene’s controversial painting of its leaders offensive, the Democratic Alliance (DA) would uphold freedom of speech and not take legal action, its spokesperson said on Friday.

"First and foremost, we acknowledge, uphold and protect the right to freedom of expression and speech. But, of course, with rights come responsibilities. It’s our view that this is a crude and offensive painting," DA spokesperson Mabine Seabe told News24.

Seabe was reacting to a painting that depicts a naked party leader, Mmusi Maimane, pulling a rickshaw - carrying former leader Helen Zille and and federal executive chairperson James Selfe. Zille and Selfe are also exposed.

"I am now a proud owner of this masterpiece. Powerful storytelling through art. Thanks to the fearless artist," Kunene tweeted.

Seabe said the party would not take to the streets or engage in legal action.

"When the ANC are offended, they march to a building or take legal recourse. Unlike them, we will not march to any building or take any legal action."

Seabe said the DA believed the painting was a distraction from real issues.

"As the Democratic Alliance, we are focussed on winning elections, specifically, Nelson Mandela Bay, Tshwane and Johannesburg. Quite frankly, this is a sideshow and just Kenny Kunene’s way of getting publicity."

He added: "It is a very crude painting that paints the DA leader as some sort of a slave. I think Kenny Kunene shares the same apartheid mentally that Jacob Zuma shares, that black and white people cannot work together. We believe they definitely can. It is a project the DA is tirelessly working on."