Patricia de Lille can wear her mayoral chains for a few more days after judgement was reserved in the Western Cape High Court on Tuesday.
Her legal counsel, Advocate Dali Mpofu, argued that “three judges should not do the dirty work of the DA” over the party’s failure to resolve disciplinary matters against the embattled mayor.
“We made overtures as long ago as December, that this matter should be mediated. (But) they’re more interested in saving face,” said Mpofu.
He was appearing on the second day of De Lille’s court application, challenging the validity of the DA’s “cessation clause” which was used to end her DA membership after she had given a telephonic interview to Talk Radio 702/CapeTalk.
In the interview, De Lille said she would resign from the DA as soon as she was cleared in a disciplinary process.
The DA’s Federal Legal Committee, acting upon a letter from MP Patricia Kopane seeking advice, gave the nod for De Lille to be axed.
Earlier in the day, De Lille’s counsel, Advocate Johan de Waal, argued that the DA had flouted its own processes when it terminated her membership.
He said Kopane’s letter to the DA merely sought advice and was not an official complaint.
The party gave De Lille 24 hours to respond to the termination.
Asked by Judge André le Grange whether this was reasonable, the DA’s counsel, Sean Rosenberg, said it was.
“There had been an irretrievable breakdown. The applicant faced serious charges of maladministration and nepotism. She had stonewalled the disciplinary process,” he said.
He was making reference to De Lille’s application earlier this year that the disciplinary process against her be made open to the public and that certain members of the disciplinary panel recuse themselves.
Rosenberg said considering all this, if the DA’s actions against De Lille were subjected to “rationality”, there would be no way in which the application of the cessation clause could be viewed as irrational.
“It’s a political decision,” argued Rosenberg.
Seeing the lighter side of the matter, Judge Le Grange shot back: “So you want us to pull the trigger on De Lille. The DA can’t get it right, so you want us to do it for you.”
Judgement was reserved and is expected before the end of the month.