Dube and Others v Zikalala and Others (7904/2016P) [2017] ZAKZPHC 36; [2017] 4 All SA 365 (KZP) (12 September 2017)

Dube and Others v Zikalala and Others (7904/2016P) [2017] ZAKZPHC 36; [2017] 4 All SA 365 (KZP) (12 September 2017)

The court held that the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened in breach of rule 17.2.1 of the ANC constitution, as it was held earlier than four years after the previous conference without a request from at least one third of branches. The interpretation of the rule, considering the text, context, and purpose, required that conferences be held at least every four years, and more often only if properly requested. The absence of such a request rendered the conference unlawful. The court found that alleged irregularities in the audit and accreditation processes, while present, did not materially affect the outcome of the voting. The applicants, as...

Citation
[2017] ZAKZPHC 36
Parties
Applicant: Lawrence Dube; Applicant: Sibahle Zikalala; Applicant: Mzwebi Remigius Ngcobo; Applicant: Lindiwe Nomalungelo Buthelezi; Respondent: Sihle Zikalala; Respondent: Willies Mchunu; Respondent: Super Zuma; Respondent: Mluleki Ndobe; Respondent: Nomusa Dube-Ncube; Respondent: Mxolisi Kaunda; Respondent: Bongi Sithole-Moloi; Respondent: Lydia Johnson; Respondent: Weziwe Virginia Thusi; Respondent: Arthur Zwane; Respondent: Esther Qwabe; Respondent: Mkhawuleni Khumalo; Respondent: Sduduzo Gumede; Respondent: Makhosi Zungu; Respondent: Makhoni Ntuli; Respondent: Zanele Nyawo; Respondent: Khulekani Hadebe; Respondent: Lindiwe Mjobo; Respondent: Sphindile Zondi; Respondent: Jabu Khumalo; Respondent: Fikile Khumalo; Respondent: Mervin Dirks; Respondent: Siphumile Zuu; Respondent: Solomon Mkhombo; Respondent: Maggie Govender; Respondent: Bheki Mtolo; Respondent: Vincent Madlala; Respondent: Nomagugu Simelane-Zulu; Respondent: Nontembeko Boyce; Respondent: Mdumiseni Ntuli; Respondent: Bheki Sibiya; Respondent: Celiwe Madlopha; Respondent: Dudu Mazibuko; Respondent: Sipho Gcabashe; Respondent: Ravi Pillay; Respondent: Meshack Hadebe; Respondent: Provincial Executive Committee African National Congress-KZN; Respondent: The African National Congress; Respondent: The Electoral Institute of Southern Africa
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
12 September 2017
Case Number
7904/2016P
Procedural Posture
Review Application / Final Judgment After Hearing
Outcome
Application granted. The Eighth KwaZulu-Natal Provincial Elective Conference and its decisions are declared unlawful and invalid. The ANC is ordered to pay half of the applicants' costs, including costs of two counsel.
Judges
Koen, Balton, Chetty
Legal Topics
Political Party Internal Governance, Interpretation of Constitution, Declaratory Relief, Locus Standi, Time Bar, Conference Election Irregularities
Constitutional Law Civil Procedure Commercial and Corporate Political Party Internal Governance Interpretation of Constitution Declaratory Relief Locus Standi Time Bar +1 more

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Parties

Lawrence Dube

Applicant

Sibahle Zikalala

Applicant

Mzwebi Remigius Ngcobo

Applicant

Lindiwe Nomalungelo Buthelezi

Applicant

Sihle Zikalala

Respondent

Willies Mchunu

Respondent

Super Zuma

Respondent

Mluleki Ndobe

Respondent

Nomusa Dube-Ncube

Respondent

Mxolisi Kaunda

Respondent

Bongi Sithole-Moloi

Respondent

Lydia Johnson

Respondent

Weziwe Virginia Thusi

Respondent

Arthur Zwane

Respondent

Esther Qwabe

Respondent

Mkhawuleni Khumalo

Respondent

Sduduzo Gumede

Respondent

Makhosi Zungu

Respondent

Makhoni Ntuli

Respondent

Zanele Nyawo

Respondent

Khulekani Hadebe

Respondent

Lindiwe Mjobo

Respondent

Sphindile Zondi

Respondent

Jabu Khumalo

Respondent

Fikile Khumalo

Respondent

Mervin Dirks

Respondent

Siphumile Zuu

Respondent

Solomon Mkhombo

Respondent

Maggie Govender

Respondent

Bheki Mtolo

Respondent

Vincent Madlala

Respondent

Nomagugu Simelane-Zulu

Respondent

Nontembeko Boyce

Respondent

Mdumiseni Ntuli

Respondent

Bheki Sibiya

Respondent

Celiwe Madlopha

Respondent

Dudu Mazibuko

Respondent

Sipho Gcabashe

Respondent

Ravi Pillay

Respondent

Meshack Hadebe

Respondent

Provincial Executive Committee African National Congress-KZN

Respondent

The African National Congress

Respondent

The Electoral Institute of Southern Africa

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened lawfully in terms of the ANC constitution.
  2. 2 Whether the absence of a request by one third of branches rendered the conference unlawful.
  3. 3 Whether alleged irregularities in the audit, accreditation, and voting processes vitiated the conference.

Ratio Decidendi

The court held that the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened in breach of rule 17.2.1 of the ANC constitution, as it was held earlier than four years after the previous conference without a request from at least one third of branches. The interpretation of the rule, considering the text, context, and purpose, required that conferences be held at least every four years, and more often only if properly requested. The absence of such a request rendered the conference unlawful. The court found that alleged irregularities in the audit and accreditation processes, while present, did not materially affect the outcome of the voting. The applicants, as...

Court Disposition

Application granted. The Eighth KwaZulu-Natal Provincial Elective Conference and its decisions are declared unlawful and invalid. The ANC is ordered to pay half of the applicants' costs, including costs of two counsel.

Orders

  • The Eighth KwaZulu-Natal Provincial Elective Conference of the African National Congress held at Pietermaritzburg from 6 to 8 November 2015 and decisions taken at that conference are declared unlawful and invalid.
  • The Thirty-Eighth Respondent (African National Congress) is directed to pay one half of the Applicants’ costs of the application, such costs to include the costs of two counsel.