Cape Town mayor Patricia de Lille has opened a new front in her battle with the DA, revealing that she will be heading back to court - and leaving open the question whether she will step down this week as agreed.
De Lille said yesterday she would challenge the procedure followed in tabling a damning report at a council meeting on Thursday, and said she wants the court to rule on this before Wednesday - which is supposed to be her last day in office.
This comes as speculation is rife about her next political move, with some insiders claiming she may stay on as mayor even though she announced her intention to go two months ago after a deal was reached with the party.
Asked if she would be exiting her mayoral office on Wednesday, De Lille said: "I am taking it one day at a time. I have now consulted my lawyers and I'm going back to court and I want to go to court before Wednesday because of all of these procedural errors and things that they have done."
She declined to explain what exactly she would be seeking from the court.
"No, no I'm not putting my cards on the table … I'm consulting with my lawyers and my lawyers will advise further."
DA leader Mmusi Maimane said that though he appreciated De Lille was in a fight for her "political reputation", the matter was now between her and the law firm that produced the report, Bowmans.
"The case is no longer about the DA. It's between her and Bowmans. She can go and challenge the report in court, but she can't even cite the DA in papers. It has got nothing to do with the DA," said Maimane.
The latest court action comes as De Lille is still embroiled in a fight with the DA over another report - in that case, one by a subcommittee chaired by chief whip John Steenhuisen, which formed the basis of the party's disciplinary action against her.
That matter is set to be heard by the Cape Town high court on Thursday.
De Lille wants the party to disclose the sources who provided information to Steenhuisen's subcommittee, but the DA is arguing that the information is confidential.
After the report, De Lille was charged with refusing to comply with DA decisions, bringing the party into disrepute, and failing to perform her duties and responsibilities.
The charges were dropped by the party after De Lille reached a deal with its leadership to resign as mayor on Wednesday.
Her apparent about-turn on the deal with the party is said to be informed by the report tabled on Thursday, which recommends that De Lille be criminally investigated for allegedly breaking the Municipal Systems Act by attempting to prevent the then city manager, Achmat Ebrahim, from reporting suspected misconduct by transport boss Melissa Whitehead.
In Thursday's dramatic council meeting, five councillors, including chief whip Shaun August and two mayoral committee members, Siya Mamkeli and Suzette Little, resigned in protest against what they called the bullying tactics, racism and abuse to which the party was subjecting De Lille.
Since then speculation has been rife that the grouping will resuscitate the Independent Democrats to contest next year's general election. Mamkeli said the five had not decided on their way forward.
Insiders said the tabling of the report irked De Lille, who had wanted to leave with her reputation intact.
Sources said its tabling was in contravention of her deal with the party that all reports and charges against her would be withdrawn.
"She will no longer resign," said a DA leader sympathetic to De Lille. "She said she wanted to clear her name. She wanted to resign with her integrity intact. After the tabling of this report it means she has to stay on and clear her name from within."
However, Maimane said the agreement between De Lille and the party had nothing to with "council-related issues".
"The agreement between me and her simply says that the Bowmans report must proceed … council-related issues must proceed."
Though De Lille sent a resignation letter to Maimane dated the August 4, her allies said she can stay on as mayor because by law she has to resign to the council speaker.
Maimane, however, said De Lille's resignation stood.
"You can't sustain that argument because it's the party that sent her there. If she chooses to say she won't resign from council, then the council would have to take action against her," said Maimane...