Bothmane v National Convenor: Forum for Service Delivery and Others (M64/2017) [2017] ZANWHC 37 (22 June 2017)

Bothmane v National Convenor: Forum for Service Delivery and Others (M64/2017) [2017] ZANWHC 37 (22 June 2017)

The court found that the applicant had established urgency and a prima facie right to relief, as he would suffer irreparable harm if the expulsion was implemented before the review was heard. The disciplinary and appeal procedures followed by the respondents were riddled with procedural irregularities, including lack of notice, insufficient particulars, and denial of a fair hearing. The respondents failed to address the grounds for review and did not respond to the applicant's allegations of irregularities. The applicant had exhausted internal remedies and had no alternative but to seek judicial intervention. The prayers sought were capable of being granted as an interdict, and the...

Citation
[2017] ZANWHC 37
Parties
Applicant: Pogiso Bothmane; Respondent: National Convenor: Forum for Service Delivery; Respondent: Forum for Service Delivery; Respondent: Chief Electoral Officer: Electoral Commission of South Africa; Respondent: The Municipal Council: Rustenburg Local Municipality; Respondent: Lesego Phetlhe
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 June 2017
Case Number
M64/2017
Procedural Posture
Urgent Application / Interim Interdict (part A) Pending Review (part B)
Outcome
Interim interdict granted pending review; costs reserved for Part B; main application postponed.
Judges
A.M. Kgoele
Legal Topics
Interim Interdict, Procedural Fairness, Internal Remedies Exhaustion, Municipal Councillor Expulsion
Administrative Law Civil Procedure Interim Interdict Procedural Fairness Internal Remedies Exhaustion Municipal Councillor Expulsion

Case Brief

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Parties

Pogiso Bothmane

Applicant

National Convenor: Forum for Service Delivery

Respondent

Forum for Service Delivery

Respondent

Chief Electoral Officer: Electoral Commission of South Africa

Respondent

The Municipal Council: Rustenburg Local Municipality

Respondent

Lesego Phetlhe

Respondent

Procedural Posture

Urgent Application / Interim Interdict (part A) Pending Review (part B)

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict preventing the implementation of his expulsion as councillor pending review.
  2. 2 Whether the disciplinary and appeal procedures followed by the respondents were procedurally fair.
  3. 3 Whether the applicant exhausted internal remedies before approaching the court.

Ratio Decidendi

The court found that the applicant had established urgency and a prima facie right to relief, as he would suffer irreparable harm if the expulsion was implemented before the review was heard. The disciplinary and appeal procedures followed by the respondents were riddled with procedural irregularities, including lack of notice, insufficient particulars, and denial of a fair hearing. The respondents failed to address the grounds for review and did not respond to the applicant's allegations of irregularities. The applicant had exhausted internal remedies and had no alternative but to seek judicial intervention. The prayers sought were capable of being granted as an interdict, and the...

Court Disposition

Interim interdict granted pending review; costs reserved for Part B; main application postponed.

Orders

  • The first to fourth respondents are interdicted and prohibited from implementing the decision of the second respondent to expel the applicant as a member and councillor of the fourth respondent, pending final decision in Part B.
  • The applicant shall be entitled to all rights and perform all obligations arising from his office as councillor of the fourth respondent.