The DA has adopted a new clause which allows it to remove members from executive positions if they have lost the confidence of the party.
This change to the DA’s constitution was voted on at the party’s federal congress in Pretoria yesterday.
Cape Town Mayor Patricia De Lille has called the new clause a “witch hunt” against her, as it might allow the DA to remove her even if she is proven not guilty of any wrongdoing.
The Mayor says that she has been fighting for a fair and transparent process amid a slew of allegations that have been thrown her way, and will seek legal advice on the clarity of the clause. It is unclear whether this specific clause will affect De Lille, as it may not apply to a case which is already underway, but it may be implemented if a fresh motion of no confidence is introduced against her.
Changing their own Federal Constitution through the newly passed “De Lille Clause” shows just how far they are willing to go to avoid their own due process.
— Patricia de Lille (@PatriciaDeLille) April 8, 2018
I have been fighting for a fair and transparent process amidst the slew of allegations that have been thrown my way. The DA should be aware that, even if they refuse to follow due process in the spirit of fairness, the laws of our country protect public representatives.
— Patricia de Lille (@PatriciaDeLille) April 8, 2018
In May, the Western Cape High Court will present its ruling on De Lille’s application to set aside the report on her compiled by DA chief whip John Steenhuisen. This is just one of many stumbling blocks De Lille has faced in clearing her name.
Two disciplinary processes have been lined up against De Lille. The first is for what the DA claims is nepotism, and the second is for not advertising a job for an area-based director properly. Both these hearings were stalled after De Lille demanded that these should be made open to both the media and public.
As someone who fought for those rights during the struggle against apartheid, I will not tire in ensuring that the hearing I have asked for is open to both the media & public. They deserve to hear my defence in the interest of clearing my name in the most transparent way. END
— Patricia de Lille (@PatriciaDeLille) April 8, 2018
The “recall clause” is an important amendment to the DA’s constitution, because the party has no other mechanism to remove members in high offices if a motion of no confidence fails – as it did in De Lille’s case. It is designed to be separate from legal or disciplinary processes, as it will allow the party to recall someone whom they believe is not performing in the party’s best interests, even if they have not been convicted of any legal offence. However, the member would be allowed to make a representation defending themselves to the Federal Executive before the recall decision is taken.
The full text of the amendment reads as follows:
“If a president, premier, mayor or any public representative elected or appointed into executive office in a DA government has lost the confidence of his or her caucus, the Federal Executive may, after giving him or her the opportunity to make representations to it, resolve to require him or her to resign from his or her office within 48 hours.
“Failure by that member to resign will lead to the cessation of his or her membership of the party.
“Any such vote of no confidence requires the leave of the federal executive before it is moved in the caucus.”
Picture: Twitter