Recall clause is about accountability, not De Lille

10 April 2018

Ms De Lille’s claim that the constitutional amendment to allow for the recall of DA members elected to executive positions who have lost the confidence of their caucuses is solely aimed at her is not true.

The amendment allows for the member to make representations on why they should not resign. Should the DA not accept the reasons given, that member will have to resign within 48 hours, failing which, his or her membership will cease.

The amendment was proposed and adopted to ensure proper accountability for DA members who are entrusted with serving the people of South Africa. As a growing party, which now serves 16 million South Africans where we govern, it is vital that we get this right.

There have been some examples of members in leadership roles who have lost the confidence of his or her cuscus but who we were unable to remove efficiently due to the lack of a recall clause. For example, the DA was faced with a case in the Hantam Local Municipality where the Mayor had lost the confidence of his caucus, was no longer fit for his position and had lost his ability to serve the people of the municipality, but we could not remove him.

This amendment is about accountability and is not about De Lille.

This clause cannot be used retrospectively but will, in future, help us to ensure that leaders have the confidence of their caucus. However, if a leader has lost the confidence of their caucus, as Ms de Lille has, he or she may be removed in the best interests of the people they have been entrusted to serve.

That Ms De Lille seems determined to personalise this is unfortunate.

Ms De Lille will receive a fair hearing which will be conducted in accordance with the Federal Constitution of the DA, and in accordance with the Rules of the Federal Legal Commission, all of which Ms De Lille bound herself to when she became a member of the DA.

The proper processes and procedures are followed in all disciplinary matters, regardless of who the member is.  This is a fact well known to Ms De Lille who served on the Federal Executive of the DA for many years and viewed the disciplinary process up close. Until now, she had no issue with this.

The Party itself has no problem with the process being open to the media, but this is something the disciplinary panel must decide.

The DA would like to finalise the matter of Ms De Lille disciplinary hearing, dealing with charges of misconduct against her, as soon as possible.

However, the allegations against her are numerous and are very serious. Specifically:

- For the first time in Cape Town’s history, a Council-mandated independent investigation by Bowman Gilfillan, found that Ms De Lille had demonstrated behaviour and actions which constituted gross misconduct, gross dereliction of duty, and conduct that amounted to deceiving Council. This was based on the extensive prima facie evidence before the Council which included the Mayor’s own representations;

- These prima facie findings were supported by the fact that the Auditor-General downgraded the City’s audit status from clean, to unqualified with conditions. This downgrade was the direct result of the conduct of the Mayor herself. This is wholly unacceptable and is not in line with the DA’s commitment to clean, open and accountable governance.

These allegations suggest that she has failed in her duties and responsibilities, has brought the Party into disrepute and her actions were detrimental to internal co-operation within the party.

The DA takes these allegations very seriously because, if they prove true, would compromise the efficient running of the City of Cape Town, and therefore the people of the metro. This would be unacceptable.

At all times, the DA puts the best interests of the people we serve at the forefront. We are committed to clean and efficient governments that work for the people. That is why the Recall amendment to our constitution was adopted, to ensure accountability and so we can remove those who have lost the confidence of his or her caucus and those they are meant to serve.

Issued by Refiloe Nt'sekhe, DA National Spokesperson, 10 April 2018