News24.com | Judgment in urgent De Lille vs DA matter on Tuesday

Judgment in the urgent court tussle between Patricia de Lille and the Democratic Alliance, regarding the cessation of her membership, will be delivered on Tuesday.

News24 has reliably learnt that Judges Patrick Gamble and Monde Samela will make their ruling around lunchtime.

This, after judgment was reserved on Friday after counsel for both parties presented their arguments in the application in which De Lille is challenging the DA‘s termination of her membership.

News24 has also learnt that Deputy Mayor Ian Nielson has “deferred” the appointment of a new mayoral committee until after judgment is delivered, having said over the weekend that he would appoint a new mayco on Monday at 15:00.

The Western Cape High Court reserved judgment in the application on Friday, following a six-hour hearing.

It did however, interdict the Electoral Commission of South Africa (IEC) from filling De Lille‘s vacancy until the matter is concluded in court.

The parties have also agreed to review the merits of De Lille‘s removal in full on May 25 and timelines have been set for the filing of supplementary papers.

Advocate Dali Mpofu SC, who is representing De Lille, argued that De Lille‘s removal was unlawful and incorrectly applied. The court should therefore grant the urgent relief requested until the merits can be fully debated in two weeks.

Counsel for the DA, Sean Rosenberg SC, argued that De Lille‘s removal had already occurred, and that an “urgent interdict” against the removal would therefore not make sense because the “horse has bolted”.

Instead, the parties should come back in two weeks to review the matter in full, while the City is able to function under Nielson, who has the power to appoint a new mayoral committee.

DA spokesperson Natasha Mazzone on Friday promised Capetonians that service delivery would continue in the interim and, as a party, the DA would respect the pending outcome.

De Lille told journalists that she was simply happy that her side has been ventilated in court, and that she still considered herself to legally be the mayor.

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