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A full bench of the Western Cape High Court has found that the cessation of Patricia de Lille’s membership by the Democratic Alliance was unlawful and has dismissed her termination with costs.
Reading the summary of the court’s finding, Judge Andre le Grange concluded that the termination of the Cape Town mayor’s membership was not “in accordance to the rules of natural or administrative justice”.
“The DA contends that the cessation clause is there to protect the party from disloyal members and argued that De Lille’s membership automatically ceased upon her public comments as that resulted in the party’s loss of supporters,” said Le Grange.
The judge believed that this was not essential: “The issue is whether the DA correctly followed its own procedures and rules.
“Our finding are that membership does not cease automatically upon the comments. It is in fact dependent on a determination made by the DA’s [federal legal commission], which must in turn be referred to the party’s leaders.”
According to Le Grange, De Lille’s comments were supposed to be evaluated by the federal legal commission however, for the findings of the commission to be valid, it should have been constituted “in terms of the party’s own constitution” which was not the case.”
“The panel member selection was unduly selected because it was made up of members who had never even served in the federal legal commission before. Since the commission was not properly constituted then it follows that the termination of Ms De Lille’s membership was also unlawfully done,” argued Le Grange.
DA advocate Sean Rosenberg had argued that “De Lille’s participation in the federal legal commission’s process rendered it constitutional because her presence meant that she adhered to any outcome that the commission would render”.
Le Grange said, “the fact that De Lille participated in the proceedings did not make them lawful as she took part in an unlawfully constituted process”.
The court therefore found that the termination of the mayor’s membership was unlawful and judged that the DA set aside the cessation of De Lille’s membership with costs.
During the last court appearance on June 5, the DA’s legal representation made it clear that the damage in relations between Cape Town mayor Patricia de Lille and the party had reached irreparable proportions.
The DA’s Natasha Mazzone also weighed in before the judgment saying: “It is telling when a mayor of a flagship municipality of the DA has, as their council, the chairperson of the EFF. It goes to show that there is a breakdown with your political party.”
After the judgment, Mazzone said “the DA notes the judgment handed down by the Western Cape High this morning” and “would study the judgment and consider its legal options including the possibility of an appeal”.
De Lille herself has maintained that she only seeks to clear her name before she can decide on what her future endeavours would be.
De Lille might have won the battle but there seems to be no end in sight of her war with the DA. On Thursday De Lille is expected back in the same court as she seeks to hear the decision on her application to get a copy of a report compiled by a commission headed by DA chief whip John Steenhuisen last year which was critical of her role in the DA caucus in the city.
The report accuses De Lille of interfering in the appointment of a municipal manager and accuses the mayor of sending a message to a member of the interview panel which read: “I want to keep Achmat [former municipal manager Achmat Ebrahim] so score him highest. Thanks.”
The report also accuses De Lille of doling out patronage and protection to controversial former Ses’Khona leader Loyiso Nkohla, who is infamous for the poo protests at the Cape Town International Airport. Nkohla currently holds the role of community liaison officer in the city.
Both the DA and De Lille seemed to be in agreement after the judgment that regardless of the legal battle, commitment and focus for both parties should be placed on the people of Cape Town.
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