The Democratic Alliance is arguing the full merits of its decision to remove Patricia de Lille as a member of the party as the case once again returns to the Western Cape High Court.
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Judge Sher on a technicality: "And if that DA FLC or Fed Ex process is irregular or not constituted properly?"
Rosenberg concedes in that case, the Fed Ex determination would not be official (and therefore cessation of membership not confirmed).
Judge Sher to Rosenberg: "If
Rosenberg responds. "It's anywhere in the spectrum."
WATCH: Rosenberg argues on behalf of the DA
Rosenberg currently having a torrid time in front of the judges.
Rosenberg argues that there is a contractual relationship which both the party and the member have voluntarily bound themselves to.
Rosenberg now says the court can review and assess the objective facts of De Lille's declaration.
The judges are not satisfied with Rosenberg's answers to their queries.
The judges ask Rosenberg for further clarity on one of his points of argument.
Rosenberg: "When a member declares publicly they will resign it creates confusion and division amongst the public."
Rosenberg argues that De Lille, having run on the DA ticket, cannot hold on to particular rights when it comes to holding office. Rosenberg also says De Lille's argument that there must be a good reason to remover her, is not true. If the party wishes, it can do so.
De Waal concludes, and Advocate Rosenberg is now presenting the DA's argument.
De Waal once again reiterates his point (made yesterday) that 24 hours to make recommendations was "simply not enough".
WATCH:
(via SABC)
De Waal continues to detail all the improper ways the DA went about removing De Lille.
Judge Sher cites a previous case, where if a party panel meeting was not properly constituted, then it is not quorate and its findings are void. Sher asks if that is essentially De Waal's argument? "Yes, quite," De Waal responds.
De Waal argues that the panel that made the decision to
De Waal claiming that the DA FLC rep Werner Horn, when he delivered their recommendation to De Lille, had also talked to
As expected, De Waal picks up where he left off, arguing for De Lille.
Court is now in session.
WATCH LIVE: DA vs Patricia de Lille, 05 June 2018
(via SABC)
When court proceedings resume, Advocate Johan de Waal is expected to wrap up his arguments from yesterday, on behalf of Patricia de Lille, and thereafter Advocate Sean Rosenberg will present his argument on behalf of the DA.
DA takes
The Democratic Alliance is expected to have its chance to argue the full merits of its decision to remove Patricia de Lille as a member of the party when the case returns to court on Tuesday.
However, De Lille's counsel is first expected to wrap up his argument.
The Cape Town mayor's lawyers had all of Monday to make her case in her bid to review the DA's decision to strip her of her party membership, based on comments she had made during a radio interview in late April.
On Tuesday, Sean Rosenberg, SC, for the DA, is expected to argue the party's case after Johan de Waal, SC, for De Lille, wraps his final 30 minutes of submissions. It is the final day of arguments in the court tussle.
ICYMI:
De Lille's axing for radio comments like 'killing a fly with a hammer', court hears
Patricia de Lille's removal from the DA for comments made on
The Cape Town mayor's lawyers had all of Monday to make her case in court in her bid to have the DA's decision to strip her of her party membership reviewed and set aside.
The party's decision was based on the comments she had made in a radio interview in late April.
Dali Mpofu, SC led the charge during the morning session and Johan de Waal, SC picked up the baton after the lunch adjournment. Sean Rosenberg, SC, for the DA, is expected to argue the party's case on Tuesday.
In the afternoon session, De Waal criticised the DA's taking of a decision, which had such large-scale implications for both De Lille and the City of Cape Town, over comments she had made on a radio station, that in themselves were open to interpretation.
ICYMI:
DA can't have it both ways, De Lille charges must be tested - Mpofu
The DA needs to finish the disciplinary process it started against Patricia De Lille, rather than finding "contrived ways" to get rid of her, advocate Dali Mpofu has argued in the Western Cape High Court.
The Democratic Alliance and Cape Town Mayor Patricia De Lille met in court on Monday for the first day of her long-awaited review of her supposed resignation from the party.
The DA on May 8 "determined" that De Lille had self-resigned from the party, under a clause in its constitution, after reportedly saying she would "walk away" upon clearing her name, during a Radio 702 interview in late April.
The DA maintains that De Lille's expression showed intent to leave the party, which was grounds for her membership to be terminated. De Lille has said that she only said she would leave her position as
ICYMI:
'I'll see you in court' - Cape Town council cuts De Lille's powers to 'ceremonial'
The City of Cape Town council has agreed to reduce executive Mayor Patricia de Lille's role to "ceremonial", delegating her powers to her mayoral committee, with final oversight held by the council.
Council met for its last sitting on Thursday before the June recess, to discuss a number of items, including that of De Lille's powers now that she has returned temporarily.
The Democratic Alliance said two weeks ago that De Lille, upon being reinstated to her position by the Western Cape High Court temporarily, would only serve in a ceremonial capacity.
On Thursday, council passed a motion that agreed to designate "all delegations and legislative authority, including
ICYMI:
Controversial Cape Town investigation unit reinstated following shutdown by De Lille
The City of Cape Town's Special Investigation Unit (SIU) which embattled Mayor Patricia de Lille ordered be shut down in August last year - a move which resulted in serious claims being made against her and which marked the surfacing of a continuous slew of allegations against her - has been reinstated.
On Wednesday, the National Council of Provinces accepted a motion to see that the unit got back on its feet.
It noted the reinstatement of the SIU, which a motion without notice said "has achieved a number of successes and tackled numerous issues facing the city, including dealing with gang violence, taxi violence, housing fraud, land invasions, corruption and
"The reinstatement of the Special Investigation Unit is a step in the right direction towards helping the SAPS fight crime."