Agang-South Africa and Another v Mayoli and Others (2015/2772) [2015] ZAGPJHC 24 (9 February 2015)

Agang-South Africa and Another v Mayoli and Others (2015/2772) [2015] ZAGPJHC 24 (9 February 2015)

The court found that neither the Special National Congress scheduled for 31 January 2015 nor the provincial general meetings held on 24 January 2015 were lawfully convened. There was no verification of eligible members, inadequate notice, and no proper agenda or nomination process. The party's constitution and common law requirements for valid meetings of voluntary associations were not met. Both factions within Agang-SA failed to act in accordance with the constitution, and neither had authority to convene valid meetings or appoint office bearers. The only lawful way forward is for a properly convened meeting of verified members in good standing to elect the NEC or any other leadership...

Citation
[2015] ZAGPJHC 24
Parties
Applicant: Agang-South Africa; Applicant: Andries Tlouamma; Respondent: Mongezi Mayoli; Respondent: Michael Tshishonga
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 February 2015
Case Number
2015/2772
Procedural Posture
Urgent Application / Final Judgment on Urgent Interdict and Declaratory Relief
Outcome
Application granted. The respondents are interdicted from convening, holding, or attending the Special National Congress scheduled for 31 January 2015. The Gauteng and Free State provincial general meetings of 24 January 2015 are declared unlawfully convened. Each party to pay its own costs.
Judges
Spilg
Legal Topics
Voluntary Association Governance, Interdictory Relief, Declaratory Orders, Internal Party Democracy, Validity of Meetings
Civil Procedure Commercial and Corporate Voluntary Association Governance Interdictory Relief Declaratory Orders Internal Party Democracy Validity of Meetings

Case Brief

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Parties

Agang-South Africa

Applicant

Andries Tlouamma

Applicant

Mongezi Mayoli

Respondent

Michael Tshishonga

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the Special National Congress scheduled for 31 January 2015 was lawfully convened in terms of Agang-SA's constitution.
  2. 2 Whether the Gauteng and Free State provincial general meetings held on 24 January 2015 were validly convened.
  3. 3 Whether either faction within Agang-SA had authority to convene meetings and appoint office bearers under the party's constitution.

Ratio Decidendi

The court found that neither the Special National Congress scheduled for 31 January 2015 nor the provincial general meetings held on 24 January 2015 were lawfully convened. There was no verification of eligible members, inadequate notice, and no proper agenda or nomination process. The party's constitution and common law requirements for valid meetings of voluntary associations were not met. Both factions within Agang-SA failed to act in accordance with the constitution, and neither had authority to convene valid meetings or appoint office bearers. The only lawful way forward is for a properly convened meeting of verified members in good standing to elect the NEC or any other leadership...

Court Disposition

Application granted. The respondents are interdicted from convening, holding, or attending the Special National Congress scheduled for 31 January 2015. The Gauteng and Free State provincial general meetings of 24 January 2015 are declared unlawfully convened. Each party to pay its own costs.

Orders

  • The matter is urgent.
  • The respondents are interdicted from convening, holding or attending the meeting described as a Special National Congress scheduled for 31 January 2015.