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De Lille court ruling could have far-reaching implications for DA

28 June 2018 1:12 PM
Tags:
Patrica de Lille
CapeTownMayor PatriciaDeLille
Constitutional rights expert Phephelaphi Dube says it could open up all decisions taken by the DA's FLC since 2011 for review.

The fight between Cape Town mayor Patricia de Lille and the DA is continuing in the Western Cape High Court on Thursday where she will be arguing for access to documents and statements based on an internal party investigation report against.

The High Court in Cape Town on Wednesday set aside De Lille's dismissal from the party for being unprocedural and inconsistent with the DA constitution.

Director at Centre for Constitutional Rights Phephelaphi Dube says the DA's decision to appeal the ruling could be coming from a realisation that the court's decision has far-reaching implication in terms of opening up for review any of the decision taken by the DA's Federal Legal Council since 2011.

Read: DA and De Lille will both come out 'losers' in political spat - analyst

Because of the improper constitution of the FLC, we have already seen the court setting aside that particular decision with regards to Patricia de Lille. It in sense sets a precedence for other cases that the FLC might have dealt with...

Phephelaphi Dube, Director at Centre for Constitutional Rights

Wednesday judgment also raises the manner in which the party handled the matter in terms of giving De Lille an opportunity to respond to allegations.

The court found that the DA did not give De Lille an opportunity to submit evidence in mitigation.

In a sense it is really about adhering to an ancient legal principle of giving the other party an opportunity to respond to allegations.

Phephelaphi Dube, Director at Centre for Constitutional Rights

To hear the rest of the conversation on De Lille, DA battle, listen below:


28 June 2018 1:12 PM
Tags:
Patrica de Lille
CapeTownMayor PatriciaDeLille

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