CAPE TOWN - Judge Patrick Gamble has ruled that Patricia de Lille will remain the mayor of Cape Town and a DA member pending a hearing on 25 May.
De Lille remains a DA member pending a court process challenging a clause in the party’s constitution.
The DA had rescinded De Lille’s party membership because she said she would “walk away from the DA” in a radio interview on CapeTalk.
This led to her removal as mayor and the dissolution of the mayoral committee.
De Lille had approached the Western Cape High Court for urgent interim relief on being reinstated to her former positions as a DA member and Cape Town's mayor until another section of her application, on the legality of the DA's constitution, was dealt with.
Gamble had reserved judgment last Friday but ordered the IEC not to fill De Lille's vacancy just yet.
De Lille is challenging the DA's decision to implement its cessation clause against her to rescind her party membership.
In his ruling, Gamble stated De Lille will remain the executive mayor of Cape Town.
“The ruling of the court is as follows; pending the hearing of Part B of this application, the notice of first respondent (the Federal Executive) to the effect that the applicant (De Lille) has ceased to be a member of the first respondent is suspended and will have no force and effect. And the effect of thereof is that the applicant shall remain as the executive mayor of the third respondent and the mayoral committee as it was constituted on 8 May 2018.”
Gamble has ordered De Lille return to the DA as a member and to her duties as mayor and councillor.
Gamble says this order will be in effect until the matter on 25 May is handled.
On that day a full court bench will review De Lille’s main application, which deals with the constitutionality of a clause in the DA’s constitution.
De Lille says she’s tired of fighting.
“I’m normally at my best when I’m fighting but I’m beginning to feel tired because it’s not all about me. I keep on thinking about the people of the City of Cape Town and, therefore, we must now bring this to an end.”
It’s likely that the announcement of a mayoral committee by Cape Town’s deputy mayor and acting executive mayor Ian Neilson will now be scrapped.
On Monday, Neilson said he would wait until after Tuesday’s judgment to announce an interim Mayco.
This article first appeared on EWN : Patricia de Lille to remain CT mayor, DA member for now