Cape Town. 130812. Andile Lilli stands outside the Western Cape High Court flanked by friend Thembela Mbanjwa. Picture JONATHAN JONES; Reporter: XOLANI KONYANA Cape Town. 130812. Andile Lilli stands outside the Western Cape High Court flanked by friend Thembela Mbanjwa. Picture JONATHAN JONES; Reporter: XOLANI KONYANA
Cape Town - The City of Cape Town’s multi-party disciplinary committee that expelled ANC councillor Andile Lili was nothing but a “sham” with one outcome in mind - to get rid of Lili.
Thabani Masuku, for Lili, told Judge Andre le Grange in the Western Cape High Court that the disciplinary committee had never had any intention of giving him a fair hearing.
Lili is challenging his expulsion from the council by MEC for local government, Anton Bredell, who gave him his marching orders on March 1, based on the recommendation of the disciplinary committee.
The city asked that Lili be expelled for contravening the councillors’ code of conduct after Lili was found guilty of making derogatory remarks to Khayelitsha resident Bongiwe Gugushe.
The disciplinary committee found that in 2011, and with no legal basis, Lili told a pregnant Gugushe to move out of her home. He told her she would “have to give birth in a drain or bush”.
He was also found guilty of having a hand in the illegal demolition of other homes.
Masuku argued that the section of the Municipality Systems Act that gave Bredell power to expel Lili is unconstitutional. He said that the provincial government should not have the power to intervene in municipal matters such as deciding a councillor’s fate as it violated the principle of municipal autonomy.
“The only basis a provincial member may intervene in in municipal matters is to enhance the powers of the local government. He should not have the power to expel,” said Masuku. “It is wrong that a member of the provincial executive should decide the fate of an elected body.”
Masuku also argued that Lili was exercising his constitutional right to freedom of speech when he spoke to Gugushe, as he was at a community meeting and not conducting official council business.
“Bredell did not apply his mind to this issue even when he was told that it was a complex issue. Lili was not given a chance to present evidence,” said Masuku.
Lili was allegedly asked to leave the room before he had a chance to present his side of the story.
Later, speaking outside the high court, Lili said that he was “pissed off and angry” with “opportunists” such as ANC’s chief whip in the City of Cape Town, Xolani Sotashe, who had sided with the DA on the disciplinary committee.
“He (Sotashe) is a sell-out that is not honest with the ANC. I don’t want him mentioning my name again. Sotashe is like a chameleon to me and not an honest cadre. I will never rest until the truth comes out.”
The hearing continues on Wednesday.
Cape Argus