The DA has written to Patricia de Lille to invite her to withdraw the application regarding the upcoming Motion of No Confidence (MONC), tabled by the City of Cape Town Caucus against her.
Her application displays a lack of appreciation for the law and the relevant facts, as placed on record by the DA.
The application insists that the members of the DA Caucus be allowed to vote on the MONC in accordance with their conscience. The DA has already made it clear that this will be the case and that every Councillor is free to vote with his or her own conscience.
On the matter of a secret ballot, while the DA does not believe it is necessary given that members have the freedom to vote with their consciences, the decision on this matter must be made by the Council itself. Until such time that this decision is made and voted on, any challenge is premature.
Mayor de Lille’s final prayer in her application, that the DA federal and provincial executive be interdicted from ‘influencing’ Caucus members, has no legal basis and disingenuous, to say the least. Not only has she has failed to cite specific officer bearers she wishes to interdict, making her prayer unsustainable, she has failed to acknowledge that the DA has been clear that no threats or disciplinary action will be taken against Caucus members regarding their vote.
Should Mayor de Lille persist with her application, the DA will seek a punitive costs award for abusing the court’s process with pointless and unfounded litigation.
It is in the best interest of the people of Cape Town that this matter is resolved in an open and democratic manner and for this reason, we hope that Mayor de Lille reconsiders her current course of action.