Bambeni v Democratic Alliance (2019/12874) [2022] ZAGPJHC 413 (15 June 2022)

Bambeni v Democratic Alliance (2019/12874) [2022] ZAGPJHC 413 (15 June 2022)

The court found that the applicant was not unduly restricted in her grounds of appeal, as she had herself limited them in her draft order and confirmed this limitation during the hearing. The applicant, being an attorney, was not entitled to special leniency as a self-represented litigant. The DA had followed its constitution and sexual harassment policy in its disciplinary proceedings, and the applicant failed to demonstrate otherwise. The relief sought regarding suspension was moot since the applicant was no longer a caucus member. The main disciplinary process was delayed only due to the pending application for leave to appeal, and the applicant would have the opportunity to challenge...

Citation
[2022] ZAGPJHC 413
Parties
Applicant: Thina Bambeni; Respondent: Democratic Alliance
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 June 2022
Case Number
2019/12874
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application and Discharge of Interim Orders.
Outcome
Leave to appeal is denied; costs are awarded to the respondent.
Judges
Manoim
Legal Topics
Leave to Appeal, Costs Award, Self Represented Litigant, Disciplinary Proceedings, Constitutional Compliance
Civil Procedure Leave to Appeal Costs Award Self Represented Litigant Disciplinary Proceedings Constitutional Compliance

Case Brief

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Parties

Thina Bambeni

Applicant

Democratic Alliance

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application and Discharge of Interim Orders.

Legal Issues

  1. 1 Whether the applicant was unduly restricted in her grounds of appeal by the court.
  2. 2 Whether the court erred in focusing on subordinate disciplinary structures rather than the senior one.
  3. 3 Whether the DA followed its constitution and sexual harassment policy in its disciplinary proceedings.

Ratio Decidendi

The court found that the applicant was not unduly restricted in her grounds of appeal, as she had herself limited them in her draft order and confirmed this limitation during the hearing. The applicant, being an attorney, was not entitled to special leniency as a self-represented litigant. The DA had followed its constitution and sexual harassment policy in its disciplinary proceedings, and the applicant failed to demonstrate otherwise. The relief sought regarding suspension was moot since the applicant was no longer a caucus member. The main disciplinary process was delayed only due to the pending application for leave to appeal, and the applicant would have the opportunity to challenge...

Court Disposition

Leave to appeal is denied; costs are awarded to the respondent.

Orders

  • Leave to appeal is denied.
  • Costs are awarded to the respondent.