De Lille hearing halts over ‘skeletons’
MAYOR Patricia de Lille is in political limbo as a DA disciplinary hearing into alleged misconduct stalled as her lawyers argued that some of those charging her had legal skeletons of their own.
De Lille’s hearing was halted indefinitely after panel member Pogiso Monchusi recused himself.
“This has been a waste of time. I have to pay my lawyers to be here and I am the victim but this has now delayed us. We are considering if we should go straight to court, but we will have to wait,” she said.
De Lille’s legal representatives advocates John Riley and Johan de Waal argued that Monchusi and fellow panel member Hans Moolman are friends.
“Moolman acted for Pogiso in a matter relating to debt. Although we have not made the enquiry, it is in our view not likely that this was a normal attorney-client instruction. Moolman testified in Monchusi’s labour law matter against JB Marks Municipality (then Tlokwe), in Monchusi’s favour. Moolman’s testimony was rejected, in part, in strong language,” they argued.
In the CCMA arbitration award, senior commissioner Eleanor Hambidge stated: “Moolman, who testified for the employee, had impressed me as intelligent, but he is no expert in labour law, with respect.
“I find his testimony on this aspect to be disingenuous, to say the least,” the judgment read.
Lawyers for De Lille also argued that the award of Commissioner Hambidge will apparently be challenged in a review.
“However, until such time that the award is set aside, the findings obviously stand. Those findings disqualify Monchusi for the time being from serving as a member of a FLC (Federal Legal Commission) panel,” they argued.
James Selfe, chairperson of the DA’s federal executive, said Monchusi’s recusal is no admission of wrongdoing.
“This should in no way be construed as an admission of any wrongdoing on the part of Monchusi, as he made it clear that he was withdrawing solely to avoid any potential risk to the proceedings, subsequent to arguments being presented by De Lille’s legal representative with regard to a recusal application. He chose to withdraw even before any argument was presented by the party, in what was clearly a decision to not unnecessarily risk a delay in proceedings at a future date,” Selfe said.
He said, however, the arguments presented in respect of Sheila Camerer recusing herself were heard by the panel, but not yet answered by the party, as a result of Monchusi’s withdrawal.
“A new third member of the panel will have to be appointed and familiarise themselves with the proceedings before further argument can be presented.
“Camerer is both a properly and legally qualified practising attorney with many years of experience, and any suggestion that this is not the case is factually incorrect.
“A further argument in this regard is still to be presented by the party,” Selfe added.
The proceedings are set to continue once a new panel member has been appointed.