The Western Cape High Court on Wednesday ruled that the speaker of the city council is to decide on whether a vote of no confidence in Cape Town Mayor Patricia de Lille will be done by secret ballot or not.
Judge Robert Henney said: "The speaker should be mindful in exercising his discretion to decide on whether the vote will be made by secret ballot on 15 February 2018."
Judge Henney said that in his view the application by De Lille to have the court decide on the merits of a vote by secret ballot was justified.
De Lille said afterwards she is very happy that the court confirmed that she was justified to bring the matter before it.
"The speaker must use discretion to have the secret vote or not. People should be allowed to vote with their conscience and that is the victory for today," De Lille said.
According to De Lille, the Democratic Alliance on the morning of the case admitted to instructing the DA caucus on how to vote.
De Lille added: "All instructions given to the caucus by the DA is now falling away. I was concerned about the fairness."
"I came to court to test our own constitution. I came here for councillors to make up their own minds and to decide and have created a space where councillors don't have to be afraid," said De Lille.
De Lille's lawyers were set to contact Speaker Dirk Smit about the outcome of the case.
"If the speaker is not in agreement (with the court judgment) he will have to delay the vote," said De Lille.
The court application comes after the DA laid bribery and corruption charges against De Lille recently and also accused her of misconduct.
The corruption charges are related to an alleged attempt by De Lille to solicit a R5-million bribe from a Vanderbijlpark businessman Anthony Foul in 2012. She allegedly sought money in exchange for her support of Foul's company to supply fire extinguishers to Cape Town informal settlements.
De Lille denies these claims and states that the accusations are just another attempt to tarnish her name.
The motion of no confidence against the mayor is due to be heard at the Council Chambers at the Civic Centre at 10 am on Thursday.
- African News Agency (ANA)
