Baartman and Others v Roodtman and Others (12226/07) [2008] ZAWCHC 220 (2 July 2008)

Baartman and Others v Roodtman and Others (12226/07) [2008] ZAWCHC 220 (2 July 2008)

The court held that the applicants' seats had been lawfully filled following the closure of the floor-crossing window period and subsequent by-elections. The applicants failed to challenge the IEC's refusal to process their floor-crossing forms, and the IEC was functus officio. No vacancies existed to which the applicants could be reinstated, and the relief sought was entirely moot. The application was premised on being heard during the floor-crossing period, and no legal basis existed for retroactive recognition of their right to cross the floor. There were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Citation
[2008] ZAWCHC 220
Parties
Applicant: Anneke Baartman; Applicant: Michael Sinki Motsoane; Applicant: Gerald van Wyk; Applicant: Willem Karools; Applicant: Christina Darmen; Applicant: Anthony Daizana; Respondent: Petrus Roodtman; Respondent: The Independent Civics Organisation of South Africa; Respondent: The Independent Electoral Commission N.O.; Respondent: The Municipal Manager, Beaufort West Local Municipality N.O.; Respondent: The Beaufort West Local Municipality N.O.; Respondent: The Municipal Manager, Central Karoo District Municipality N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 July 2008
Case Number
12226/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Principal Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Desai, Le Grange
Legal Topics
Floor Crossing, Municipal Councillors, Iec Decisions, Functus Officio, Mootness
Administrative Law Constitutional Law Floor Crossing Municipal Councillors Iec Decisions Functus Officio Mootness

Case Brief

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Parties

Anneke Baartman

Applicant

Michael Sinki Motsoane

Applicant

Gerald van Wyk

Applicant

Willem Karools

Applicant

Christina Darmen

Applicant

Anthony Daizana

Applicant

Petrus Roodtman

Respondent

The Independent Civics Organisation of South Africa

Respondent

The Independent Electoral Commission N.O.

Respondent

The Municipal Manager, Beaufort West Local Municipality N.O.

Respondent

The Beaufort West Local Municipality N.O.

Respondent

The Municipal Manager, Central Karoo District Municipality N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Principal Application

Legal Issues

  1. 1 Whether the applicants are entitled to be reinstated as councillors after their seats have been filled.
  2. 2 Whether the court can retroactively permit floor-crossing after the statutory window period has closed.
  3. 3 Whether the Independent Electoral Commission's refusal to process floor-crossing forms can be reviewed at this stage.

Ratio Decidendi

The court held that the applicants' seats had been lawfully filled following the closure of the floor-crossing window period and subsequent by-elections. The applicants failed to challenge the IEC's refusal to process their floor-crossing forms, and the IEC was functus officio. No vacancies existed to which the applicants could be reinstated, and the relief sought was entirely moot. The application was premised on being heard during the floor-crossing period, and no legal basis existed for retroactive recognition of their right to cross the floor. There were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.