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05 Jun 2018
Mpofu finishes and arguments reach their conclusion. Judgment is reserved and the court hopes to deliver it before the end of the month.
05 Jun 2018
Mpofu says the DA Fed Ex and FLC clearly have discretionary powers. In a previous case where a high-profile EC member wrote a letter of resignation, the Fed Ex was able to talk her out of it.
05 Jun 2018
Mpofu says the "technical non-compliance" of the DA FLC panel dismissed by Rosenberg is not technical at all. It goes to the heart of the submission.
05 Jun 2018
Mpofu says "all" the court needs to do is find whether or not De Lille's rights to procedural fairness were infringed on.
05 Jun 2018
Rosenberg concludes his arguments, and Mpofu is given 30 minutes for his reply on behalf of De Lille.
05 Jun 2018
Judge Le Grange: "So you want us to pull the trigger on
05 Jun 2018
Rosenberg insists that regardless of the procedural outcome, De Lille would still lose membership.
05 Jun 2018
Judge Sher and Rosenberg debating the consequences of an improperly constituted FLC panel. Rosenberg denies that it would have any bearing on De Lille's membership.
05 Jun 2018
The judges question the DA's strategy to base their actions on comments made during a radio interview.
05 Jun 2018
Rosenberg: We are not dealing with a situation that was procedurally unfair. The rules that the DA FLC put in place are consistent. They were adopted. There was access to lawyers, there was sufficient information, there was no complaint.
05 Jun 2018
Rosenberg continues arguing that the 24 hours given to De Lille to respond was not unreasonable.
05 Jun 2018
Rosenberg responds, saying De Lille had all the facts at her disposal. It was also not relevant that she was a member who held an important office, like that of the mayor.
"What was relevant was what was said on the day (during the interview)."
05 Jun 2018
Judge Le Grange counters, saying De Lille had already been involved in multiple cases with the party. "Must her legal team drop everything to attend to the submissions?"
Le Grange: Common sense would say 24 hours was not enough.
05 Jun 2018
Rosenberg stresses that the purpose of the clause, to protect the DA from harm, must be considered, implying that in other incidents where members said they would resign, the court must consider if their intent was to do harm.
05 Jun 2018
