The intention of the clause in the DA constitution used to terminate the membership of Mayor Patricia de Lille was to protect the party against disloyal members, the Western Cape High Court heard on Tuesday.
"We would submit that it's fairly plain that the purpose of the clause is intended to ensure public commitment," said Sean Rosenberg, arguing for the DA in a case where De Lille is seeking to have the clause which terminated her membership declared unlawful and set aside.
Rosenberg said De Lille, having in a radio interview in April declared her intention to leave the party, should have foreseen the "inevitable consequences" of her actions.
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"Having run on the DA ticket, she cannot claim she is entitled as matter of right to remain in that position as an individual notwithstanding her intention to leave the party."
De Lille's lawyers claims she was talking about her intention to resign as mayor and not from the party and that there were conditions attached, namely that she first clear her name.
Rosenberg disputed this, saying that reading the context of the transcript of the interview, it was clear she intended to resign from the party and not from her mayoral post.
Last month, De Lille won round one of her court battle after she was reinstated as mayor until the current court matter is finalised.