MEDIA STATEMENT BY PATRICIA DE LILLE
14 FEBRUARY 2018
Today’s judgment was a comprehensive victory. Judge Robert Henney noted that I was fully justified in bringing the application to the court to demand a free vote despite this being labelled as misguided.
The DA came under fire by the Judge and his ruling has taken away the party’s right to instruct councillors how to vote. This puts the power firmly back in the hands of the councillors to vote according to their conscience without fear of reprisal.
The Judge ruled that the Speaker of Council should exercise his discretion and decide whether the motion of no confidence vote should take place by secret ballot. This echoes the Constitutional Court ruling of the UDM case where the court asked the Speaker of the National Assembly to use her discretion in making a decision regarding a secret ballot.
In making this ruling, Judge Henney also provided strong reasons and considerations that the Speaker of Council should take into account in making his decision on a secret ballot.