On Wednesday‚ in the High Court in Cape Town‚ Judge Robert Henney ruled that Smit must use his discretion to ensure that councillors could vote with their conscience.
One of the issues that got De Lille hot under the collar was a letter DA lawyers sent to Smit after the judgment. The mayor said this was highly irregular and claimed Smit had adopted the stance expressed by the DA.
“The DA disagrees with court’s judgment‚” said the letter from law firm Minde Shapiro & Smith.
“In its view‚ the court granted relief that was not pleaded‚ and this is directly contrary to the council’s rules‚ and your decision that the council should decide whether the vote should be secret. The DA reserves its right to appeal this judgment‚ which seriously erodes separation of powers.”
De Lille took the legal route after Suzette Little‚ chairman of the DA caucus in the city council‚ told her that DA federal executive chairman James Selfe “was of the opinion that in terms of the DA’s constitution all caucus members are bound by the caucus decision [to support the motion]‚ even those who did not vote for it”.
The DA accuses the mayor of a number offences‚ including corruption and maladministration. It has also opened a criminal case against her. In turn‚ she has accused the DA leadership of bullying.