De Lille hearing postponed
MAYOR Patricia de Lille’s disciplinary hearing was suspended indefinitely yesterday after a panellist withdrew from the proceedings.
Pogiso Monchusi withdrew to avoid any potential risk to the proceedings, DA Federal Council chairperson James Selfe said. It followed arguments by De Lille’s legal representative that he recuse himself.
De Lille argued that the relationship between Monchusi and the panel chairperson, Hans-Jurie Moolman, was not impartial, and Moolman had acted for Monchusi 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. If Mr Pogiso paid normal rates then please advise us. Mr Moolman testified in Mr Pogiso’s labour law matter against the JB Marks Municipality (then Tlokwe), strongly in Mr Pogiso’s favour,” De Lille’s legal team argued.
Selfe said arguments were presented for Sheila Camerer to recuse herself, but were not answered by the DA, as a result of Monchusi’s withdrawal. Camerer was a deputy minister of justice in the apartheid era.
“This background is of importance because, on a proper analysis and on the facts set out below, Ms Camerer and Ms De Lille have been lifelong political opponents who ended up in the same political party. The former is now asked to judge the latter. The lay litigant will apprehend bias on reasonable grounds in these circumstances,” De Lille’s representative argued.
“We have been arguing and went on record to ask for the recusal of two of the panel members since Tuesday. We continued to put it on record again this (yesterday) morning and one of the panel members then decided to recuse himself,” De Lille said outside Parliament where the hearing was held.
“And that led now to (it) not being a full panel to continue with the hearing. They need to find a replacement and then start the whole thing over. We didn’t get to the request to make this hearing open. We feel like going straight to court because we don’t know when the issue of having an open hearing will be agreed on.”
Selfe said a new member of the panel would have to be appointed and familiarise themselves with proceedings before further argument can be presented. “It can be stated on record that Ms Camerer is a properly and legally qualified practising attorney with many years of experience, and any suggestion that this is not the case is incorrect. A further argument in this regard is still to be presented by the party. The hearing was adjourned in order for a new panel member to be appointed and will proceed at the earliest possible date available to all parties.”