De Lille to remain DA member, court rules. Cost order issued against party

De Lille to remain DA member, court rules. Cost order issued against party

- The Western Cape High Court has ruled in favour of Patricia de Lille in her battle with the Democratic Alliance

- The court set aside the DA’s decision to revoke de Lille’s party membership and ordered the DA to pay costs

- De Lille will now return to her position as Mayor of Cape Town pending a possible appeal by the DA

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Patricia de Lille will remain a member of the Democratic Alliance (DA) and is expected to return to her position as the Mayor of the City of Cape Town. This after the Western Cape High Court ruled that the DA’s decision to revoke her party membership was unlawful and invalid.

De Lille took the matter to court after the DA revoked her membership in May following a radio interview in which she stated that she would resign from the party once she had cleared her name and proved she was innocent of all charges.

READ ALSO: New NHI Bill could cause doctors to leave South Africa

The DA’s federal executive said de Lille was in violation of a clause of the DA’s constitution when she publicly stated her intent to quit the party.

A full bench ruled unanimously the DA had violated its own constitution and set aside the decision, the DA was additionally ordered to pay costs in the matter.

Briefly.co.za gathered that de Lille will return to her position as Mayor of Cape Town pending a possible appeal by the DA. The party has indicated that it would be studying the judgment in preparation of a possible appeal.

De Lille said the victory was not only important to her but just as important to the residents of the City of Cape Town.

De Lille said she would continue to serve as a member of the DA until the party could find a legal way to get rid of her. De Lille said she was still committed to clearing her name of all the charges and was open to subjecting herself to disciplinary proceedings, provided that these took place in public and in full view of the media.

News24.com reported that the DA’s Natasha Mazzone said the judgment had relied on technicalities and ignored the substantive issues. She said the judgement would be detrimental to the running of the City of Cape Town because de Lille had lost the support of more than 75% of the Cape Town caucus.

The judges found that a DA member’s membership does not automatically end once that member has declared his or her intention to quit the party.

"The determination by the first respondent that the applicant has ceased to be a member of the DA....is declared to be unlawful and invalid and is reviewed and set aside with costs," said Judge Andre le Grange in a unanimous judgment.

The judges additionally said that de Lille had not been given adequate opportunity to give evidence in mitigation of the DA’s charges against her.

READ ALSO: Fact check: Did the DA really create 75% of SA jobs in the Western Cape last year?

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Source: Briefly.co.za

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