Bolman and Another v African National Congress and Others (813/2011) [2011] ZAECGHC 8 (31 March 2011)

Bolman and Another v African National Congress and Others (813/2011) [2011] ZAECGHC 8 (31 March 2011)

The court found that the applicants lacked locus standi to bring the application in their representative capacities due to the absence of empowering resolutions and the fact that ANC branches do not possess separate legal personality. Even if locus standi existed in their personal capacities, the relief sought was overly broad and could only pertain to their own branch. The urgency of the application was self-created by the applicants' delay, which prejudiced both the respondents and the electorate. Service on the 'remaining respondents' was not effected in accordance with the rules, and condonation was not warranted given the deficiencies and the applicants' failure to seek substituted...

Citation
[2011] ZAECGHC 8
Parties
Applicant: Dan Bolman; Applicant: Bazil Rooiberg; Respondent: African National Congress; Respondent: Eastern Cape Provincial Executive Committee of the African National Congress; Respondent: Buffalo City Interim Regional Congress; Respondent: National Executive Committee of the African National Congress; Respondent: Independent Electoral Commission; Respondent: List of Candidates in accordance with Annexure 'A' to the Notice of Motion
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
31 March 2011
Case Number
813/2011
Procedural Posture
Urgent Application / Application for Urgent Interdict and Declaratory Relief Prior to Local Government Elections
Outcome
Application dismissed with costs.
Judges
J.D. Pickering
Legal Topics
Locus Standi, Service of Process, Urgency, Internal Party Governance, Local Election Candidate Lists
Civil Procedure Administrative Law Locus Standi Service of Process Urgency Internal Party Governance Local Election Candidate Lists

Case Brief

Summary, issues, holding and outcome

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Parties

Dan Bolman

Applicant

Bazil Rooiberg

Applicant

African National Congress

Respondent

Eastern Cape Provincial Executive Committee of the African National Congress

Respondent

Buffalo City Interim Regional Congress

Respondent

National Executive Committee of the African National Congress

Respondent

Independent Electoral Commission

Respondent

List of Candidates in accordance with Annexure 'A' to the Notice of Motion

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Declaratory Relief Prior to Local Government Elections

Legal Issues

  1. 1 Whether the applicants had locus standi to bring the application in their representative and personal capacities.
  2. 2 Whether service on the 'remaining respondents' was proper and condonable.
  3. 3 Whether the urgency of the application justified deviation from the rules of court.

Ratio Decidendi

The court found that the applicants lacked locus standi to bring the application in their representative capacities due to the absence of empowering resolutions and the fact that ANC branches do not possess separate legal personality. Even if locus standi existed in their personal capacities, the relief sought was overly broad and could only pertain to their own branch. The urgency of the application was self-created by the applicants' delay, which prejudiced both the respondents and the electorate. Service on the 'remaining respondents' was not effected in accordance with the rules, and condonation was not warranted given the deficiencies and the applicants' failure to seek substituted...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs, including costs of senior counsel where so employed.