De Lille v Democratic Alliance and Others (2153/18)
De Lille v Democratic Alliance and Others (2153/18) [2018] ZAWCHC 22; [2018] 2 All SA 464 (WCC); 2018 (4) SA 171 (WCC) (14 February 2018)
The court found that the applicant was justified in seeking interim relief due to the uncertainty and apprehension created by the DA's caucus regulations and party constitution, which appeared to bind councillors to vote according to party instructions. The court held that, in line with constitutional principles and the UDM decision, councillors must be allowed to vote according to their conscience in motions of no-confidence. The Speaker has discretion under the Rules of Order to determine whether voting should be by secret ballot, and this discretion must be exercised rationally and constit…
Source excerpt
- Motion Of No Confidence
- Secret Ballot
- Party Discipline
- Local Government Structures Act
- Bill Of Rights Limitation
- Interim Interdict