AS IT HAPPENED: DA can't get it right, 'so you want us to pull the trigger on De Lille?' - judge

2018-06-05 16:30

Legal counsel for both the DA and Patricia de Lille have concluded arguing the merits of the DA's decision to remove De Lille as a member of the party in the Western Cape High Court, and judgment in the matter has been reserved.

 - For the latest updates, follow News24 reporter Paul Herman: @PaulHermanCPT

Patricia de Lille takes her seat in court

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Last Updated at 11:09
05 Jun 16:34

Court is adjourned.

05 Jun 16:34

Mpofu finishes and arguments reach their conclusion. Judgment is reserved and the court hopes to deliver it before the end of the month.

05 Jun 16:31

05 Jun 16:30

Mpofu: "If De Lille did all these horrible things, why give her a free pass?" 

05 Jun 16:18

05 Jun 16:17

Mpofu says the DA Fed Ex and FLC clearly have discretionary powers. In a previous case where a high-profile EC member wrote a letter of resignation, the Fed Ex was able to talk her out of it.

05 Jun 16:13

05 Jun 16:13

Mpofu says the "technical non-compliance" of the DA FLC panel dismissed by Rosenberg is not technical at all. It goes to the heart of the submission.

05 Jun 16:04

05 Jun 16:03

05 Jun 15:59

Mpofu says "all" the court needs to do is find whether or not De Lille's rights to procedural fairness were infringed on.

05 Jun 15:47

05 Jun 15:45

WATCH: Mazzone on DA vs Patricia de Lille issue

(via SABC)

05 Jun 15:44

Rosenberg concludes his arguments, and Mpofu is given 30 minutes for his reply on behalf of De Lille.

05 Jun 15:43

05 Jun 15:41

05 Jun 15:38

Judge Le Grange: "So you want us to pull the trigger on Ms De Lille? The DA can't get it right, so now you want us to do it for you?"

05 Jun 15:35

Rosenberg insists that regardless of the procedural outcome, De Lille would still lose membership.

05 Jun 15:32

05 Jun 15:31

05 Jun 15:24

Judge Le Grange: "Must we do the job of the DA FLC and the DA Fed Ex?"

05 Jun 15:20

05 Jun 15:19

Judge Sher and Rosenberg debating the consequences of an improperly constituted FLC panel. Rosenberg denies that it would have any bearing on De Lille's membership.

05 Jun 15:16

Rosenberg is being grilled by the judges once again.

05 Jun 15:05

05 Jun 15:04

05 Jun 15:04

The judges question the DA's strategy to base their actions on comments made during a radio interview.

05 Jun 15:02

05 Jun 14:58

Judge Mantame interjects with a question for Rosenberg.

05 Jun 14:56

05 Jun 14:54

Rosenberg: We are not dealing with a situation that was procedurally unfair. The rules that the DA FLC put in place are consistent. They were adopted. There was access to lawyers, there was sufficient information, there was no complaint.

05 Jun 14:46

05 Jun 14:46

Rosenberg continues arguing that the 24 hours given to De Lille to respond was not unreasonable.

05 Jun 14:45

05 Jun 14:43

05 Jun 14:43

Rosenberg responds, saying De Lille had all the facts at her disposal. It was also not relevant that she was a member who held an important office, like that of the mayor.

"What was relevant was what was said on the day (during the interview)." 

05 Jun 14:40

Judge Le Grange counters, saying De Lille had already been involved in multiple cases with the party. "Must her legal team drop everything to attend to the submissions?" 

Le Grange: Common sense would say 24 hours was not enough.

05 Jun 14:37

05 Jun 14:36

05 Jun 14:32

Rosenberg argues that the DA's rules are not subject to PAJA.

05 Jun 14:24

05 Jun 14:24

Rosenberg stresses that the purpose of the clause, to protect the DA from harm, must be considered, implying that in other incidents where members said they would resign, the court must consider if their intent was to do harm.

05 Jun 14:17

05 Jun 14:14

05 Jun 14:14

Court is back in session, with Rosenberg addressing De Lille's claims that the DA has an "improper motive" for using the cessation clause against her.

05 Jun 12:48

And with that, court adjourns for the lunch recess.

05 Jun 12:46

05 Jun 12:44

05 Jun 12:43

Rosenberg says De Lille's exit from the DA is a "foregone conclusion". Seeks another remedy.

05 Jun 12:34

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