Advocate Dali Mpofu SC to lead my legal team in court application

9 February 2018

The matter of the urgent application which I launched out of the Western Cape High Court in relation to the vote for the motion of no confidence in me will be heard on Tuesday 13 February 2018 at 10:00am.

The application relates to seeking an order to ensure that all councillors in the City of Cape Town are free to vote according to their conscience, either in favour or against the motion of no confidence against me next Thursday, 15 February. I also demand a secret vote.

It seems that the Backroom Boys Club are so pre-occupied with bullying tactics that they fail to see the hypocrisy between this matter and when the DA fought for a secret ballot along with the UDM with the motion of no confidence into President Jacob Zuma. In order to ensure consistency, we are using the same legal counsel to ensure that the same legal principle is tested.

My legal team will be led by Advocate Dali Mpofu, SC.

When we wrote to the DA caucus chair, Suzette Little on 6 February 2018 requesting that caucus commits itself to a free vote, she responded the following day to say that James Selfe advised that, “All caucus members are bound by the Caucus decision even those who did not vote on that day. This is a majority decision and that is what the Caucus is bound to.”

I therefore do not understand why my actions are being labelled as being “misguided” and “vexatious” when Mr Selfe himself issued this instruction.

There have been attempts to intimidate me and asking me to withdraw the matter but I am going ahead because at this stage only the court can ensure fairness.

We are confident about our case and we are going to court.

The DA has said that councillors are free to vote with their conscience yet they refuse a secret vote. A vote can never be free unless it is a secret. This is a fundamental principle of our democracy.

Agreeing to a secret vote is completely within DA’s power considering that the DA councillors make up two thirds of the Council.

The reason I am are asking for a secret vote has been confirmed by the fact that many councillors and branches have reached out to me to express fear of reprisal should it be found that they did not support the motion.

They should not be subjected to political intimidation. Unfortunately, the DA leadership is more concerned with jostling for positions instead of giving councillors the proper assurance that they will not face any adverse consequences.

Why can it be a secret vote for Zuma and not for me?

The DA leadership have been giving instructions to Caucus all long on how to vote and even to vote with the ANC in their motion of no confidence. So why can’t they instruct the Caucus to have a secret vote?

There would be no reason to go to court if the DA agreed to a secret vote and I have made them aware of this.

Issued by Patricia de Lille, 9 February 2018, 9 February 2018