AS IT HAPPENED: DA's axing of De Lille a 'total overreaction' - lawyer

2018-06-04 16:00

Patricia de Lille's legal counsel has argued in the Western Cape High Court that the DA's decision to cease her party membership was a 'total overreaction' and the party itself did not follow the correct processes in seeking to remove De Lille as mayor.

WATCH LIVE: Patricia De Lille vs DA, part2: 04 June 2018

(Courtesy of SABC)

Patricia de Lille takes her seat in court

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Last Updated at 04:06
04 Jun 16:06

And with that, court is adjourned until tomorrow morning, at 10:00.

De Waal is requested to limit the remainder of his arguments to half an hour tomorrow morning.

04 Jun 15:59

De Waal says the DA's argument that De Lille's utterances show disloyalty are made up. There was no disloyalty on De Lille's part, De Waal argues. "She wanted to use party processes to clear her name."

04 Jun 15:55

The judges challenge De Waal on a point, and say that just because the DA's Federal Executive minutes did not adequately reflect discussion, it does not mean it didn't happen. 

04 Jun 15:48

De Waal moves on to his next points.

04 Jun 15:45

De Waal also argues that 24 hours is not sufficient time to make appropriate representations. The DA could have invited De Lille's counsel to make submissions in person, that way the DA would have been made aware of all of the prior case law.

04 Jun 15:31

04 Jun 15:29

De Waal notes the short notice De Lille was given to respond to her axing. "What was the urgency?" De Waal asks.

04 Jun 15:23

04 Jun 15:11

04 Jun 14:57

De Waal says the DA argued that it took administrative action against former mayor Peter Marais, but the opposite is argued in De Lille's case.

04 Jun 14:54

De Waal argues that the DA wants to hold the government to account in terms of PAJA, but the party doesn't want the same principles to be used against it. 

When the party expels a member they are "exercising public power" and as such are subject to PAJA, says De Waal. "It cannot be purely contractual."

04 Jun 14:46

04 Jun 14:46

De Waal argues on the basis of PAJA - the Promotion of Administrative Justice Act.

04 Jun 14:33

04 Jun 14:31

Court has now resumed, with Advocate Johan de Waal arguing on behalf of De Lille.

De Waal is expected to deal with issues of compliance, and how the DA failed to follow due process in axing De Lille.

04 Jun 13:03

Court proceedings will resume at 14:00, after the lunch break.

04 Jun 13:02

Mpofu: "We should not be sitting here...listening to something that is clearly contrived." 

Mpofu says the court must really send a message to say political parties, and religious parties or whatever associations, at some stage, must solve their problems "in a place that is other than a court". 

Mpofu: "The issue is that this thing does not belong here." 

Mpofu: If you look at the DA, "it's very clear that this thing is for one reason, and for one reason only, to get rid of Patricia de Lille by unlawful means..." 

And with that, court adjourns for the lunch break. 

04 Jun 12:48

04 Jun 12:46

Mpofu again references DA communications that mention the charges against De Lille... "They (DA) are intentionally wanting to jeopardise her rights and continue to vilify her in the public eye, so that even if she were to go to the so-called civil society, she would go there tainted."

04 Jun 12:41

04 Jun 12:36

Mpofu is reminded by the judges that he only has a few minutes left to wrap up arguments before the lunch adjournment, and for opposing counsel's arguments.

04 Jun 12:20

04 Jun 12:19

Mpofu attempts to put the radio interview issue to rest, and instead seeks to refocus the arguments on the issues at hand, with regard to the DA's recall clause.

04 Jun 12:14

Mpofu says De Lille's words are what is important, not McKaiser's, and while he may have asked the question relative to the DA, the court must see that she answered relative to "that position" as mayor (her words).

04 Jun 12:06

The fact that De Lille has publicly stated she would resign once her name is cleared, is brought up. 

Judge Sher asks why you would want to resign as mayor, the first citizen, once your name has been cleared? 

Mpofu responds: "I don't know, she has not been charged with stupidity..."

04 Jun 12:01

04 Jun 11:58

The infamous De Lille radio interview with Eusebius McKaiser now enters the arguments.

04 Jun 11:50

Mpofu appears to be nearing the conclusion of his first argument, which deals with the constitutionality of the DA's recall clause.

04 Jun 11:46

04 Jun 11:38

Judges argue that this matter is political, and should therefore be resolved politically. Mpofu agrees, but says that De Lille agreed to go through a mediation process with the DA and was rejected, that is why the matter is now before court.

04 Jun 11:33

"How does the (DA cessation) clause per se offend against Section 19, and Section 19(3)?" Mpofu is asked.

04 Jun 11:27

04 Jun 11:26

Mpofu once again reiterates his initial argument that the DA simply wanted De Lille removed as mayor.

04 Jun 11:22

Mpofu argues for the fundamental right to "freedom of association".

04 Jun 11:19

"The DA's recall clause is ridiculous," Mpofu argues. "Irrational" in that it affects members' rights to join another political party.

Mpofu says the party's values include freedom and fairness, and application of the clause will infringe on these values. 

04 Jun 11:11

04 Jun 11:06

Mpofu continues arguing against the constitutionality and rationality of the DA's cessation clause.

04 Jun 11:04

WATCH LIVE: DA vs Patricia de Lille, 04 June 2018

(via SABC)

04 Jun 11:02

04 Jun 11:00

04 Jun 10:57

Mpofu responds to Judge Le Grange.

04 Jun 10:48

Judge Le Grange poses a direct question to Mpofu. 

04 Jun 10:48

04 Jun 10:47

Mpofu continues arguing the DA's cessation clause is offensive to the Constitution.

04 Jun 10:41

Mpofu cites case law to argue the unconstitutionality of the DA's cessation clause, as applied to De Lille.

04 Jun 10:36

04 Jun 10:33

04 Jun 10:33

Mpofu lists the DA's many "failed attempts" and "shortcuts" to have De Lille removed as mayor of Cape Town.

04 Jun 10:30

04 Jun 10:30

Mpofu saying they will examine the "constitutionality" of the DA's cessation clause in detail.

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