Court rules in favour of De Lille over DA membership
The Western Cape High Court has ruled in favour of Cape Town Mayor Patricia de Lille, confirming her membership of the Democratic Alliance (DA).
Judge André le Grange found material flaws in the party’s decision to revoke De Lille’s membership.
He ruled that the DA did not follow its own rules and constitution.
“In terms of the DA’s federal constitution and rules, membership does not seize automatically by operation of law. It is in fact dependent upon a determination which has to be made by the FLC (Federal Legal Commission) which in turn must be confirmed by the FedEx in order to become operative.”
He said that their decision was procedurally flawed as the council, tasked with the ability to carry out the decision, was not properly construed.
Therefore, the decision cannot constitute a lawful decision.
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“A FLC panel was not properly constituted in terms of the party’s constitutional rules, then there cannot be a valid determination made that her membership has seized,” Le Grange explained.
De Lille criticised the party after the judgement was handed down, questioning the DA leaders’ motive.
“What kind of justice is that? We found for justice in this country, many of them don’t understand the word justice. They claim to be constitutionalist but thank God we’ve got an independent judiciary that will protect the rights of all citizens.”
The DA has indicated that they will appeal the judgement.