De Lille matter a waste of time – Mpofu
The mayor's legal team has argued she has not been given a fair opportunity to defend her utterances in the radio interview.
Cape Town Mayor Patricia de Lille.
Advocate Dali Mpofu, representing Cape Town mayor Patricia de Lille, declared the entire proceedings a waste of time before a full bench of the Western Cape High Court on Monday, the Cape Times has reported.
“We should not be sitting here. This whole crisis is affecting the government of the City. This can go on until 2021. This issue does not belong here.”
“This is just a smoke screen that has been put before the court. I am sure there are worse members they are tolerating. All we are saying is that they have chosen an illegal route.
“They need to canvass council members and convince those members to vote in favour of the vote of no confidence. A message needs to be sent by the court that other political parties need to learn.”
Judge Andre le Grange said: “This is a political matter, it should be resolved politically.” Mpofu responded: “Your Lordship is absolutely right. To make this issue legal is absurd. But seeing that we’re here now, we must apply the law.”
De Lille is challenging the constitutionality of a clause that the DA relied on to fire her early last month, when she told a radio host during an interview that she would resign as mayor only after she had cleared her name.
READ MORE: De Lille clarifies to court what she actually said in radio interview
De Lille’s legal team is arguing she has not been given a fair opportunity to defend her utterances in the radio interview, for which her DA membership was rescinded.
De Lille says when she said she would resign during the interview with Eusebius McKaizer on 702, she was referring to her job as mayor and not her position as a member of the Democratic Alliance (DA).
The 702 appearance is pivotal to the case, as the judge must decide whether De Lille in effect automatically resigned as a DA member on radio.
Advocate Johan de Waal says the party has been unable to prove the harm in her statement in a radio interview that she planned to resign once she has cleared her name.
Her legal team has argued that she has not been given a fair opportunity to defend her utterances in the radio interview.
De Waal says 24 hours is not in line with natural justice principles outlined in the Promotion of Administrative Justice Act.
De Waal has also questioned the DA’s consistency in applying its cessation clause, and why it has not been used in the same manner against other members.
“Where’s the harm, where’s the disloyalty? The same with Ms De Lille and Ms [Phumzile] Van Damme? She said: ‘Unless you get your act together on this issue of white privilege, I’m going to resign.’ Where’s the disloyalty?”
The DA is expected to respond to the arguments on Tuesday.
De Lille also plans a court challenge to the stripping of her mayoral powers.
Last month, De Lille won round one of her court battle after she was reinstated as mayor until the current court matter is finalised.
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