The move contributed to the New National Party (NNP) pulling out of the District Attorney. The state declined to prosecute him for these allegations. He later founded the New Labour Party (Neuro-linguistic programming), attracting only 0.67% of the Western Cape provincial votes in the national election in 2004.
He was forced from the position in 2001 by District Attorney leader Tony Leon, who saw him as a political embarrassment. In 2006, he was cleared of corruption charges stemming from party funding in 2002. In November 2008, Marais joined the newly formed Congress of the People party, which broke from the ruling African National Congress early in the year.
Marais became Mayor of Cape Town following the local government election in December 2000 as a member of the Democratic Alliance (District Attorney). As a member of the NNP, Marais became premier of the Western Cape from December 5, 2001, to June 3, 2002, when he resigned following allegations of sexual harassment.
