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Relations between De Lille and DA ‘beyond repair’

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Patricia de Lille. Picture: Jaco Marais
Patricia de Lille. Picture: Jaco Marais

The DA’s worst-kept secret has been revealed as the party’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 legal team argued that “it is clear that De Lille merely seeks to clear her name and then sever all ties with the party”.

This emerged as the legal battle between De Lille and the DA resumed in the Western Cape High Court on Tuesday.

Sean Rosenberg, leading the charge for the DA, argued that in a radio interview with 702 host Eusebius McKaiser, De Lille’s aim was to clear her name and then walk away from the party.

“McKaiser asked repeated questions to clarify that point [whether she sought to leave the party after clearing her name] and her answers were in agreement, it’s clear [that after clearing her name she will leave the DA],” argued Rosenberg.

Judge Andre Le Grange sought clarity on whether it was “mischievous” for De Lille to first want to clear her name before resigning, to which Rosenberg answered “not per se, but there were other ways to do that other than holding on to her membership”.

De Lille’s legal team argued that the DA jumped the gun in exiling the mayor from the party over comments made on radio.

“It was a total overreaction akin to killing a fly with a hammer,” argued Johan de Waal who took over from Advocate Dali Mpofu who was defender-in-chief for De Lille in Monday’s proceedings.

The bone of contention in Tuesday’s proceedings seemed to revolve around whether the public declarations made by De Lille could be construed as being a “public declaration of an intention to resign”.

De Lille’s lawyer said there was no compelling proof that his client’s remarks deserved such a harsh backlash.

“When it comes to [legal] reasonableness, here we are dealing with a decision that is totally disproportionate.

"Reasonableness requires an element of proportionality between what she did and the sanction. Really, the crux of the unfairness lies therein.”

De Waal continued to argue that even if his client had intended to resign after clearing her name, it was “a total overreaction” to kick her out of the party, the council and the mayoral office “immediately based on the conditional words used”.

Judge Le Grange seemed to hold a similar opinion as he cross-examined Rosenberg.

“The DA’s own constitution does not state that when a member has publicly declared his/her intention to resign, they can’t determine otherwise.

"It, in fact, allows them a discretion to confirm [these public declarations] or deny them. And I would assume that if they do not confirm it that is the end of the matter.”

Judge Pearl Mantame also added to Rosenberg’s woes, asking if the DA’s determination was not premature given that De Lille’s utterances may have meant that she wants to clear her name first and that she will resign “when it suits her” and not that she intended to resign at that point.

Rosenberg responded that De Lille’s membership only ceased to exist subject to confirmation of her intention to resign.

He argued that the mayor’s utterances on radio were clear, and the court needed to “weigh up the harm involved in any suggested deviations from the party rules”.

Rosenberg also challenged Mpofu’s position given on Monday that De Lille’s name ought to be cleared in accordance with the DA’s own disciplinary processes, saying it was past that stage and was now up to the courts to make a judgement.

De Lille is challenging the constitutionality of the DA clause that the party relied on to fire her last month.


Juniour Khumalo
Journalist
City Press
p:+27 (0) 11 713 9001
w:www.citypress.co.za  e: juniour.khumalo@citypress.co.za
      
 
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