De Lille case ‘could drag on’

Mayor’s resignation depends on first clearing her name

THE COURT case in which embattled mayor Patricia de Lille is seeking to overturn the decision to axe her from the DA, could drag on, at the expense of Cape Town residents, until the next local government elections in 2021.

Her lawyer, Dali Mpofu, argued yesterday the case should never have gone to court because of that possibility.

“This case has the possibility of going on for very long. We have the possibility of the Supreme Court (of Appeal) and even the Constitutional Court. This case should not be here, the next municipal elections are in 2021 and by that time this case might not be finished. Somewhere in the DA, we have to find some wisdom to sort out this issue,” he said.

Johan de Waal SC, arguing for De Lille, said De Lille’s removal has had an impact on services.

“Ms De Lille is a member that holds public office. They are the ones that impact on the service delivery of Cape Town. Other members of the party don’t,” he said.

There were no sign of drama at the court yesterday, unlike at her first appearance.

Mpofu told the court the DA had tried to get rid of De Lille through legal means but, when that failed, had resorted to “unlawful” tactics to axe her.

“What they want to do is to remove her as a mayor. They don’t care if she is a (DA) member or not. They have gone to an illegal subterfuge. This is just a smoke screen that has been put before the court. I am sure there are worse members they are tolerating.

“All we are saying is that they have chosen an illegal route. They need to canvass council members and convince those members to vote in favour of the vote of no confidence,” Mpofu said.

Mpofu added, even if the DA returned to council with a no-confidence motion, they would fail. “They failed in February and they are going to fail now. They can’t do that because she still enjoys support of (full) council and her rights vested in her by the people of Cape Town,” she said.

The DA-led council stripped De Lille of her executive powers last week‚ rendering her a ceremonial mayor, while earlier this year she survived a motion of no-confidence by a whisker.

Mpofu also accused the DA of double standards, citing that other DA members‚ like party leader Mmusi Maimane‚ MP Phumzile van Damme and Tshwane mayor Solly Msimang‚ had publicly uttered similar statements.

“With one side of the mouth‚ they say conditionality is defence and on one side they say it is not‚” said Mpofu. “Ms De Lille took them at their word and laid a complaint and nothing has been done since.”

Mpofu, in respondse to a question from Judge Andre le Grange, said De Lille would resign if her name was cleared.

“Mr Mpofu, are you telling me that, if the DA clears Ms De Lille’s name, she will resign?” Le Grange asked.

Mpofu replied: “That’s it. It’s simple; she will go, if she is cleared. She will pack up and go. She will resign as mayor if her name is cleared.”

Natasha Mazzone, deputy chairperson of the DA’s federal council, said Mpofu made the argument only as an example.

Last month the Western Cape High Court ruled that De Lille be reinstated as mayor in the interim.

De Lille’s comments that she would resign from her position (as mayor) after clearing her name were made in an interview with radio host Eusebius McKaiser on Radio 702/ Cape Talk 567. This led to the termination of her party membership.

The case continues today.