Statement by Patricia de Lille
8 February 2018
I have just launched an urgent application out of the Western Cape High Court for orders to ensure that members of the DA Caucus 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.
I do not wish to avoid facing a motion of confidence, but I am seeking the assurance that it will proceed in a constitutional and fair manner, especially considering that I have not been treated fairly by the DA throughout this process.
The DA Caucus Regulations stipulate that “all decisions made by the caucus are binding on all members”. The rules only allow for a free vote on abortion and the death penalty”. Two days ago I was also informed in no uncertain terms by the DA Caucus Chair, Cllr Suzette Little that Mr 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 of no confidence], even those who did not vote for it.
As far as secrecy is concerned, the Rules of Order Regulating the Conduct of Meetings of the Municipal Council of the City of Cape Town do not allow for the Speaker to rule that voting in a motion of no Confidence can be done by secret ballot. This is not an issue which can be decided on by way of majority vote. Many councilors, ordinary Party members and members of the public are supporting me and wish that the Councillors that represent them be given an opportunity to vote against the motion without fear of being side-lined in the Party. Party leadership, both at federal and provincial level, desperately want to get rid of me. Anyone with aspirations to move up in the ranks of the DA will fear the repercussions that will follow if they vote against the motion.
Furthermore, I have applied to interdict the DA’S Federal and Provincial office bearers from influencing or instructing members of the DA caucus on how to vote in the motion. Their behavior until this juncture has proven that they will not hesitate to politically manipulate the caucus for their own factional gains. In addition, clause 3.5.1.12 of the Democratic Alliance Federal Constitution prohibits any member of any legislative body to vote in a motion of no confidence without the approval of the Federal Executive. I have also asked the court to declare this clause unconstitutional and invalid, as it is inconsistent with the Constitution as well as the Municipal Structures Act.
The issues are very similar to that considered by the Constitutional Court in the matter of United Democratic Movement (UDM) v Speaker, National Assembly and Others 2017 (5) SA 300 (CC). Ironically in that matter, the DA fought alongside the UDM for a secret vote. I want to quote DA leader Mmusi Maimane when he said in Parliament: "Your vote is secret; (but) your conscience will remain with you.” The members of the caucus should also be free to exercise their right to choose how they want to vote. This court application seeks to empower all members of the caucus claim their rights enshrined in the Constitution.
Ironically, the DA is now adamant to deprive their own DA Caucus members of the right to vote in accordance with their conscience and by secret ballot. They can easily facilitate such a free and secret vote but refuse to do so. This has left me with no option but to go to Court, as the DA had to do when the national Speaker refused to allow a secret vote regarding the motion of no-confidence against Mr Zuma.
Issued by Patricia de Lille, 8 February 2018
