The legal team representing Cape Town Mayor Patricia de Lille have described the Democratic Alliance (DA) cessation clause as unconstitutional.
Both advocates Dali Mpofu and Johan de Waal on behalf of De Lille in the Cape Town High Court said that the DA has used unlawful methods to remove her as the Mayor.
Mpofu has spent most of the morning arguing the validity and constitutionality of the DA’s cessation clause. Mpofu, who is leading De Lille’s legal team, has argued that the clause has been inconsistent for different members within the party who have made similar statements as De Lille.
The DA rescinded De Lille’s membership after a radio interview where she said she would resign as soon as she clears her name. Mpofu argued in court that all legal ways of trying to remove De Lille such as the caucus motion of no confidence to remove her from the council and the disciplinary process have failed. He argued that the DA is not using unlawful means to remove De Lille.
“When we say to them, but Mr. Maimane said I will resign if this and that happens. But Miss Van Dam said I will resign if the DA does not look seriously into race relations. Miss Mvenya doesn’t say I will resign, she says I have resigned and yet they didn’t apply the rule. Their excuse is that no, but that statement was conditional.”
In his argument Advocate Johan De Waal says public representatives also need to be protected by law. He says it cannot be left to a party to choose on whether a public representative remains in office or not.
De Waal says valid reasons are needed to remove a public representative from office. He has argued that the relationship between a member of a political party and the party, is not an equal one.
“We would submit that political parties, they wield power. They can unilaterally amend their constitutions. It’s not an ordinary contract, where the one party must consent to an amendment. They can unilaterally amend it introducing the recall clause and so on.”
De Lille legal team is expected to conclude arguments on Tuesday and the DA legal team will get a chance to argue their case.
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