De Lille v Democratic Alliance and Others (7882/18) [2018] ZAWCHC 57 (15 May 2018)

De Lille v Democratic Alliance and Others (7882/18) [2018] ZAWCHC 57 (15 May 2018)

The court found that while Ms. de Lille's prima facie right to remain a DA member was not strong based on her public statements, she established a prima facie case regarding procedural and substantive irregularities in the DA's application of its constitution. The balance of convenience favoured preserving the status quo to ensure stability in the governance of the City of Cape Town, given the potential harm to public administration and the interests of citizens. The court granted interim relief suspending the DA's termination of Ms. de Lille's membership and reinstating her as executive mayor and the Mayoral Committee as constituted prior to the termination, pending the outcome of the...

Citation
[2018] ZAWCHC 57
Parties
Applicant: Patricia De Lille; Respondent: Democratic Alliance; Respondent: City Manager of the City of Cape Town; Respondent: The City of Cape Town; Respondent: Independent Electoral Commission
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 May 2018
Case Number
7882/18
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim relief granted; DA's termination of applicant's membership suspended; applicant reinstated as executive mayor pending review.
Judges
Gamble, Samela
Legal Topics
Interim Interdict, Party Membership Termination, Municipal Structures Act, Constitutional Rights of Party Members, Voluntary Association Contract, Public Policy Contractual Terms
Constitutional Law Civil Procedure Administrative Law Interim Interdict Party Membership Termination Municipal Structures Act Constitutional Rights of Party Members Voluntary Association Contract +1 more

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Parties

Patricia De Lille

Applicant

Democratic Alliance

Respondent

City Manager of the City of Cape Town

Respondent

The City of Cape Town

Respondent

Independent Electoral Commission

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the termination of Ms. de Lille's DA membership was lawful and procedurally fair.
  2. 2 Whether the cessation and recall clauses in the DA constitution are consistent with the Constitution and applicable legislation.
  3. 3 Whether the applicant is entitled to interim relief pending review of the DA's decision.

Ratio Decidendi

The court found that while Ms. de Lille's prima facie right to remain a DA member was not strong based on her public statements, she established a prima facie case regarding procedural and substantive irregularities in the DA's application of its constitution. The balance of convenience favoured preserving the status quo to ensure stability in the governance of the City of Cape Town, given the potential harm to public administration and the interests of citizens. The court granted interim relief suspending the DA's termination of Ms. de Lille's membership and reinstating her as executive mayor and the Mayoral Committee as constituted prior to the termination, pending the outcome of the...

Court Disposition

Interim relief granted; DA's termination of applicant's membership suspended; applicant reinstated as executive mayor pending review.

Orders

  • Pending the hearing of Part B of this application, the notice of the DA's Federal Executive terminating the applicant's membership is suspended and has no force or effect.
  • The applicant shall remain in office as Executive Mayor of the City of Cape Town and the Mayoral Committee as constituted on 8 May 2018 will continue to function.