DA’s clause ridiculous – Mpofu

The DA’s automatic cessation clause is “ridiculous and irrational” and threatens freedom of expression and association, the Cape Town High Court heard yesterday.

Cape Town mayor Patricia de Lille’s drawn-out battle with the DA continued to play itself out in court with her legal representatives charging that the party sought to oust her using illegal means.

De Lille, whose membership of the DA had been terminated in May, launched a twopart court challenge. In part A of her application, De Lille sought to interdict the city from declaring a mayoral vacancy and to retain her party membership pending the conclusion of court processes, while in part B she is seeking to have the DA clause on “automatic cessation” of party membership declared invalid.

She was successful in the first part of her application.

Advocate Dali Mpofu for De Lille argued in court yesterday that the DA sought to remove the mayor by “unlawful means” without affording her a disciplinary hearing to ventilate the charges against her.

Describing the DA’s automatic cessation clause as irrational and ridiculous, Mpofu said the clause also limits De Lille’s right to freedom of expression, association, and to hold office.

De Lille approached the court to challenge the DA’s decision to rescind her membership after she told a radio station that she would leave the party after clearing her name.