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De Lille wants DA to pay for application to set aside controversial report

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Patricia de Lille lodged an application in the Western Cape High Court in Cape Town to set aside the resolution of the City of Cape Town council to adopt the Bowmans report that led to criminal charges being laid against her.

Cape Town speaker Dirk Smit laid criminal charges against De Lille and mayoral committee member Brett Herron on Tuesday following the Cape Town city council’s adoption of two reports by Bowmans into maladministration at the metro during an eventful council meeting on Thursday.

De Lille wants the report, titled “Investigation into allegations of Misconduct at the City of Cape Town – Phase 2”, and the consequential actions following therefrom, insofar as they relate to her, reviewed and set aside.

The City of Cape Town and the DA are the respondents, and De Lille wants the DA to pay the costs of the application, unless the City opposes it, in which case she wants the City and the DA to jointly pay her costs.

Speaking to the media on Wednesday on the steps of the Western Cape High Court, where she also announced her resignation as mayor and DA member, De Lille said: “Today I have once again been forced to turn to the courts in my quest to fight for my rights, justice and to clear my name.”

She said the two reports were contradictory – “one of which cleared me and the other recommended that I be criminally charged”.

She said the Bowmans reports were just that: Reports.

“They are not judgments.

“The evidence Bowmans relies on in compiling their politically manipulated report must be tested in court and only a court can find me guilty.

“I have always said that I respect the independence of our judiciary and our courts have confirmed their independence time and time again,” she said.

“What I am challenging right now is how the same company, Bowmans, conducting the same investigation, on the same charge can come to two different conclusions.”

However, the two reports investigated different matters.

One report investigated whether De Lille prevented the former city manager, Achmat Ebrahim, from reporting allegations of misconduct to the council and whether De Lille failed to present a dossier with allegations to the council. This report is titled “Investigation into allegations involving the executive mayor alderman Patricia de Lille”. It is 34 pages long.

The other report’s goal was to investigate allegations of misconduct made against senior councillors and administrators. It investigated 10 “work streams”, some of which contain more than one allegation. This report is titled “Investigation into allegations of misconduct at the City of Cape Town – Phase 2”. This report is 299 pages, but totals 1 998 pages when the addenda containing emails and documents pertaining to the allegations are included.

This report’s several recommendations included that De Lille, mayoral committee member Brett Herron and suspended transport commissioner Melissa Whitehead be charged. Whitehead is a central figure in much of the alleged misconduct.

[Source: News24]
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