'I feel I am still the mayor', says Patricia de Lille as judgment is reserved - AS IT HAPPENED

2018-05-11 16:49

Judgment has been reserved relating to the relief sought by Patricia de Lille that she continue being a DA member and fill the post as mayor of Cape Town.


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Last Updated at 20:28
11 May 17:39

11 May 17:06

Patricia de Lille responds to today's court proceedings:

"I am very happy today that the court heard my side and my version of events and that judgment has been reserved for later in the week..."On my version I feel that I am still the mayor of the City of Cape Town."

11 May 17:06

Judgment reserved in De Lille's urgent court bid

The Western Cape High Court has reserved judgment in Patricia De Lille's urgent application to suspend the DA's decision to strip her of her membership.

The outcome means Cape Town will have to wait to find out if De Lille will return as mayor temporarily.

Deputy Mayor Ian Nielson will continue to serve as acting mayor in the interim, but his counsel indicated in court on Friday that he will wait for the judgment before appointing a mayoral committee.

11 May 16:57

WATCH: EFF leader invites De Lille to join the party

Economic Freedom Fighters Western Cape chairperson Bernard Joseph has invited Patricia de Lille to join the party following her ousting from the Democratic Alliance.

11 May 16:42

11 May 16:41
Meanwhile, a small group of De Lille supporters are still going strong outside the Cape Town High Court.

11 May 16:40

Mpofu says the City and citizens cannot be casualties of this impasse.

He agrees with Breitenbach that the City can't go two weeks without a mayoral committee.

The sensible thing is to let the status quo remain.

11 May 16:27

11 May 16:23

11 May 16:18

11 May 16:18

11 May 16:10

11 May 16:10

11 May 16:09
Judge Gamble now hands over to Mpofu to reply to Rosenberg and Breitenbach, before the judges adjourn.

11 May 16:09

Breitenbach says acting mayor Ian Nielson will be assessing the situation after the court rules on De Lille's request for interim relief.

"If possible, could the court indicate when it will make its ruling."

The City currently has no mayco.

11 May 16:08

Breitenbach, for the city, says the acting mayor has a duty to appoint a new mayoral committee, but he is held off doing so because of this case.

"But the City can't function without a mayoral committee."

11 May 16:01

Breitenbach says the City Manager's reason for complying with the processes to declare a vacancy was because he wanted to ensure that disruption was kept to a minimum.

"This is self evident. The mayor is the highest officer bearer."

11 May 16:00

Breitenbach denies Mpofu's claim that the notification of the vacancy to the IEC was expedited.

"These are self-executing provisions," he tells the court.

11 May 15:59
Advocate Breitenbach, for the City, is giving a few points on behalf of the City.

11 May 15:49

11 May 15:32

11 May 15:15
Rosenberg says the reason acting mayor Ian Nielson hasn't elected a new mayoral committee yet could be due to factionalism and the fallout that could ensue in the middle of this court case. However, he stands under correction.

11 May 15:06

11 May 15:02

11 May 15:02
Rosenberg says De Lille will suffer minimal prejudice if the urgent relief is not granted. The DA on the other hand will have a member returning to the council and position of mayor, who has been removed by her party.

11 May 14:53
Rosenberg contends that if De Lille's main application to review the decision is successful in two weeks time, then she will be able to continue her court challenges against the DA and her DC processes. 

11 May 14:53

11 May 14:45
Rosenberg says there is no suggestion that if De Lille is successful in two weeks time, that she will somehow be denied returning. She will, if she's successful.

11 May 14:29

11 May 14:22
Rosenberg also denies Mpofu's earlier claim that the DA tried to speed the process along through the channels in the city to ensure that the issue was confirmed before De Lille launched her application. 

11 May 14:21

11 May 14:21
Rosenberg argues therefore that the remedy sought by De Lille, ie. suspension of the DA's decision and to "maintain the status quo", is not applicable. "Interim relief is not intended to rewind determinations." 

11 May 14:20

11 May 14:15
Rosenberg says De Lille's cessation was common cause at least until the merits of her case are argued later in two weeks time. Judge Gamble challenges him, says the De Lille's counsel didn't accept it as common cause at all. 

11 May 14:13

11 May 14:09
Rosenberg said it wouldn't help if internally the subject changed her mind. Their submissions will focus on what she said in the interview.

11 May 14:08

11 May 14:07
Advocate Sean Rosenberg for the DA now going through the parties arguments against De Lille's request to temporarily suspend the cessation of her membership. 

11 May 13:29

11 May 13:17

11 May 13:16
Court adjourns for lunch.

11 May 12:55

Mpofu claims that the speediness of De Lille's removal in one day was meant to allegedly ensure the DA could beat the serving of court papers, and say "oh the horses have bolted".

"No court will be fooled by that," Mpofu tells the court.

11 May 12:51

11 May 12:33

Mpofu zeroes in on the claim that the DA's notification to the City of Cape Town of the De Lille decision, was enough to show it was unprocedural.

"Boom," he says. 

11 May 12:30

11 May 12:29
De Waal ends and now hands back to Mpofu who will wrap up De Lille's arguments for urgent relief.

11 May 12:24

11 May 12:14
De Waal now attempting to argue that the DA's federal legal commission panel set up in De Lille's case was not properly constituted according to the party's rules. 

11 May 12:13

11 May 12:09
Outside the Western Cape High Court:

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