AXED Cape Town mayor Peter Marais has not backed down on his demand to be allowed to continue his mayoral duties pending the outcome of his court challenge, his lawyer Adri Brand said on Friday. Media reports claiming this was the case were incorrect, he said. Marais’ application for a judicial review of the DA national management committee’s decision to expel him from the party will be heard in the Cape High Court this Tuesday. He has also asked the court to suspend the DA decision until it hands down its finding, which would effectively allow him to continue his job as mayor. Brand said Marais would only drop his request for interim relief should the Cape Town unicity council decide that it would not remove the mayor until the outcome of the court challenge. The DA in its answering affidavit before the High Court argues that no basis exists for the granting of interim relief. ”The applicant (Marais) was advised prior to the launch of this application that the respondent (the DA) had informed the city manager of the city of Cape Town of the resolutions adopted by the NMC. ”The applicant was specifically advised that further steps were in the hands of the City of Cape Town,” the affidavit states. In terms of legislation, once a councillor is expelled from his political party he loses his seat. The council would have to meet to elect a new mayor, which in terms of an agreement between the DP and NNP partners of the alliance, will have to be an NNP councillor. – Sapa