Fani and Others v Buffalo City Municipality and Others (860/2009) [2009] ZAECGHC 26 (6 May 2009)

Fani and Others v Buffalo City Municipality and Others (860/2009) [2009] ZAECGHC 26 (6 May 2009)

The court found that the expulsion of the applicants from the ANC without a hearing was prima facie a violation of their right to fair and just administrative action, as required by the ANC's constitution and code of disciplinary practice. The municipality and its officials acted in accordance with statutory obligations and were not responsible for the expulsion or its consequences; thus, no relief could be granted against them. The requirements for an interim interdict were satisfied against the ANC, as the applicants established a prima facie right, apprehension of irreparable harm, balance of convenience, and absence of alternative remedy. The subsequent membership of COPE by the...

Citation
[2009] ZAECGHC 26
Parties
Applicant: Nomakhaya Fani and 18 others; Respondent: Buffalo City Municipality and 8 others
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
6 May 2009
Case Number
860/2009
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted against the ANC; application against the municipality and its manager dismissed with costs.
Judges
Jones
Legal Topics
Interim Interdict, Municipal Structures Act, Expulsion From Political Party, Right to Fair Administrative Action, Councillor Removal, Natural Justice
Administrative Law Civil Procedure Interim Interdict Municipal Structures Act Expulsion From Political Party Right to Fair Administrative Action Councillor Removal Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Nomakhaya Fani and 18 others

Applicant

Buffalo City Municipality and 8 others

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the expulsion of the applicants from the ANC without a hearing violated their right to fair administrative action.
  2. 2 Whether the applicants are entitled to interim relief pending the review of their expulsion.
  3. 3 Whether the municipality and its officials acted unlawfully in implementing the expulsion and withholding remuneration and property.

Ratio Decidendi

The court found that the expulsion of the applicants from the ANC without a hearing was prima facie a violation of their right to fair and just administrative action, as required by the ANC's constitution and code of disciplinary practice. The municipality and its officials acted in accordance with statutory obligations and were not responsible for the expulsion or its consequences; thus, no relief could be granted against them. The requirements for an interim interdict were satisfied against the ANC, as the applicants established a prima facie right, apprehension of irreparable harm, balance of convenience, and absence of alternative remedy. The subsequent membership of COPE by the...

Court Disposition

Interim interdict granted against the ANC; application against the municipality and its manager dismissed with costs.

Orders

  • The claims by the 1st to 19th applicants against the 1st and 2nd respondents are dismissed with costs, payable jointly and severally by the applicants.
  • The 3rd respondent (ANC) is ordered to pay the costs of the 1st, 2nd, 3rd, 8th to 17th, and 19th applicants, including all costs reasonably incurred before but disbursed for work done after 24 April 2009, and costs reserved on 16 April 2009.