AS IT HAPPENED: 'DA's motion of no confidence against De Lille is a sham' - Mpofu

2018-02-13 10:27

City of Cape Town Mayor Patricia de Lille's urgent application to ensure that members of the DA caucus are free to vote according to their conscience in the upcoming motion of no confidence against her is being heard in the Western Cape High Court.


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Last Updated at 19:41
13 Feb 15:25

13 Feb 14:52

Mpofu said the DA supported the secret ballot against Jacob Zuma.

"In fact right now as we speak there is probably going to be a vote of no confidence [in Zuma]," says Mpofu, whose phone is obviously on silent.

13 Feb 14:51
Open ballot is to prevent money changing hands, fear of corruption or bribery, court hears. 

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Judge Henney says sorry to interrupt, but if nobody is opposed to secret ballot, because that is what it sounds like to him, - what is the problem? Adjournment now for lawyers to discuss. 

13 Feb 13:06

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He says this is the political equivalent of a death sentence.

13 Feb 12:55

Mpofu presented these numbers:

There are 231 members of council

154 of them belong to the DA

77 belong to the opposition

Mpofus says, assume 77 members of the opposition votes against the motion of no confidence.

Then the outcome of this case will have the decisive impact on whether the mayor stays or goes:

If the 77 opposition, plus the 59 in the DA caucus who indicated they want her to stay = 136 and the motion of no confidence will be defeated.

The magic number is 116 - the majority.

So, the opposition plus 59 = 136 which is above the magic number so the motion is defeated, De Lille stays as mayor.

If she stays as mayor: those 59 are intimidated.

If the 154 in the DA caucus voted the way the DA wanted them to vote, then she goes. If there is a secret vote she stays, if there is an open vote she goes.

13 Feb 12:42
Judge Henney says isn't it just political survival to tell political party members how to vote? Mpofu says councillors swear an oath in line with the Constitution and their duty is to the public. This trumps allegiance to their political parties.

13 Feb 12:35

13 Feb 12:35
Advocate Ismail Jamie for DA says the DA does not believe a secret ballot is necessary, as it has accorded its members a free vote.They also have a free vote on whether the vote should be conducted secretly. 

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Mpofu says here's the catch: Can the DA really be asked to tell its members to vote by secret ballot in De Lille vote of no confidence? In other words, does it have the jurisdiction to do so?

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13 Feb 11:58
Mpofu says it is all very well to say this in lawyers' letters, but has the message that there will be no reprisals reached the DA caucus members? 

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(Jenni Evans, News24)

13 Feb 11:47

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Patricia De Lille arrives in court with advocate Dali Mpofu for her secret ballot application (Jenni Evans, News24)

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13 Feb 10:55
Supporter outside Western Cape High Court. (Jenni Evans, News24)

13 Feb 10:38


ANC withdraws motion of no confidence in De Lille

The ANC in Cape Town has officially withdrawn its motion of no confidence in Mayor Patricia de Lille.

The Cape Town city council was due to debate the motion on Wednesday, after the ANC tabled it earlier this month, amid allegations of corruption against De Lille.

The Democratic Alliance caucus on Wednesday was directed by its federal executive to table a motion of its own against its embattled mayor.

It was also given permission to support the ANC's motion on Wednesday.

13 Feb 10:37

De Lille secret ballot bid to be heard

Cape Town Mayor Patricia De Lille's urgent application to have the motion of no confidence in her to be held by secret ballot is expected to be heard in the Western Cape High Court on Tuesday.

De Lille filed papers on Thursday to demand that her fellow Democratic Alliance (DA) members in the Cape Town council caucus be able to vote as they choose through a secret ballot, in case of reprisals.

De Lille is set to face the motion of no confidence at a special council meeting on Thursday.

However, she wants the Western Cape High Court to rule that the councillors be free to vote by secret ballot and that the DA's leadership not tell the councillors how they should vote.

Her own party also laid a criminal complaint against her, relating to an allegation that she wanted a R5m kick back from entrepreneur Anthony Faul after he proposed the supply of fire extinguishers for informal settlements in 2012.

There were also allegations that she tried to quash alleged irregularities in the council's transport department.

She has denied all the allegations, but has been taken off communication relating the City's #DayZero prevention campaign.

The DA's leader Mmusi Maimane stepped in and controversially said he would communicate on the water crisis.The African National Congress (ANC) in the council had previously tabled a motion of no confidence in De Lille, but then withdrew it.

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13 Feb 10:27

De Lille matter has gone on for too long - Maimane

Democratic Alliance leader Mmusi Maimane says the ongoing stand-off between his party and Cape Town Mayor Patricia de Lille must come to an end.

Maimane was on Monday sharing the DA federal council's resolutions from this past weekend's sitting, and agreed with journalists that the saga had created much uncertainty in the city.

He said Thursday's special city council meeting - where De Lille will face a motion of no confidence brought by her own party - must be decisive.

"I would agree that it has been protracted. It's gone on for far too long. I've had enough of it, and it must and will be settled," Maimane told reporters at the party's Cape Town offices.

13 Feb 10:27


De Lille files urgent application over motion of no confidence against her

City of Cape Town Mayor Patricia de Lille has launched an urgent application in the Western Cape High Court in an effort to ensure that members of the DA caucus are free to vote according to their conscience in the upcoming motion of no confidence against her.

The party announced that its federal executive had authorised a motion of no confidence against De Lille that is scheduled for February 15.

In a statement on Thursday, De Lille said she demanded that it be done by secret ballot.

She also wanted to interdict the DA's federal and provincial office bearers from influencing or instructing members of the DA caucus on how to vote in the motion.

13 Feb 10:27


De Lille no confidence vote set for February 15

The Cape Town city council will convene for a special sitting to debate a motion of no confidence in Cape Town Mayor Patricia de Lille on February 15.

City council Speaker Dirk Smit confirmed on Friday that the Democratic Alliance had tabled the motion on January 31, in line with the Municipal Structures Act [MCA] and the rules of order.

The motion also called for the explicit removal of the mayor.

"The speaker of a municipal council decides when and where the council meets, subject to section 18(2) [of the MCA], but if a majority of the councillors requests the speaker in writing to convene a council meeting, the speaker must convene a meeting at a time set out in the request."

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