Bambeni v Democratic Alliance (2019/12874) [2021] ZAGPJHC 719 (23 November 2021)

Bambeni v Democratic Alliance (2019/12874) [2021] ZAGPJHC 719 (23 November 2021)

The applicant failed to establish a basis for reviewing the disciplinary proceedings at this stage, as they have not been finalised and her suspension is precautionary, not punitive. The respondent complied with its constitution and disciplinary procedures, and there is no evidence of unfairness or disregard of rules. The applicant remains a councillor and continues to receive remuneration, so the suspension does not have a punitive effect. The relief sought regarding future disciplinary action, victimisation, WhatsApp group reinstatement, and apologies is premature and unsupported by law. The interim interdicts previously granted are discharged, and the application is dismissed with costs.

Citation
[2021] ZAGPJHC 719
Parties
Applicant: Thina Bambeni; Respondent: Democratic Alliance
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
2019/12874
Procedural Posture
Review Application / Final Judgment on Review Application and Related Interim Relief
Outcome
Application dismissed with costs; interim interdicts discharged.
Judges
Manoim
Legal Topics
Disciplinary Proceedings in Voluntary Association, Sexual Harassment Complaint, Precautionary Suspension, Natural Justice, Review of Internal Party Decisions
Civil Procedure Labour Law Disciplinary Proceedings in Voluntary Association Sexual Harassment Complaint Precautionary Suspension Natural Justice Review of Internal Party Decisions

Case Brief

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Parties

Thina Bambeni

Applicant

Democratic Alliance

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application and Related Interim Relief

Legal Issues

  1. 1 Whether the disciplinary proceedings instituted by the respondent against the applicant are reviewable at this stage.
  2. 2 Whether the applicant's suspension from caucus activities was punitive and required compliance with principles of natural justice.
  3. 3 Whether the applicant is entitled to interdict the respondent from further disciplinary action or victimisation.

Ratio Decidendi

The applicant failed to establish a basis for reviewing the disciplinary proceedings at this stage, as they have not been finalised and her suspension is precautionary, not punitive. The respondent complied with its constitution and disciplinary procedures, and there is no evidence of unfairness or disregard of rules. The applicant remains a councillor and continues to receive remuneration, so the suspension does not have a punitive effect. The relief sought regarding future disciplinary action, victimisation, WhatsApp group reinstatement, and apologies is premature and unsupported by law. The interim interdicts previously granted are discharged, and the application is dismissed with costs.

Court Disposition

Application dismissed with costs; interim interdicts discharged.

Orders

  • The application brought by the applicant under the above case number and comprising her notice of motion dated 8 April 2019, her supplementary notice of motion dated 7 May 2019, and her second supplementary notice of motion dated 26 February 2021 (together the review application), is dismissed.
  • The interim interdicts granted by Yacoob J on 21 August 2019, and by Van der Linde J on 21 October 2019, both under the above case number, are discharged.