Cape Town Mayor Patricia De Lille is in the Western Cape High court on Tuesday to have her application asking for a secret ballot in the vote of no confidence to be heard.
De Lille and her legal team, including Advocate Dali Mpofu SC, wants Democratic Alliance (DA) councillors to be allowed to vote according to their conscience.
In her legal heads of argument, the mayor seeks to overturn a DA policy decision that councillors are only allowed a secret ballot should the vote be about abortion or the death penalty.
She further dismisses the party's position that the recent Constitutional Court judgment that the Speaker of Parliament had the right to allow a secret ballot in a vote on a motion of no confidence in President Jacob Zuma, did not apply to the local council.
De Lille said the party's resistance to a secret ballot was a clear indication that, to its leadership, her removal as mayor was a foregone conclusion.
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 will be heard at the Council Chambers at the Civic Centre at 10 am on Thursday.