Fransman v Shabangu and Others (22690/16) [2016] ZAWCHC 189 (9 December 2016)

Fransman v Shabangu and Others (22690/16) [2016] ZAWCHC 189 (9 December 2016)

The court held that the applicant's relief for urgent interdictory access to documents was premature and ill-conceived. The ANC constitution provides for internal appeal and review mechanisms before the National Disciplinary Committee of Appeal, which the applicant had already initiated. There was no evidence that these internal remedies would be ineffective or futile. The court found no basis for judicial intervention in the internal affairs of the ANC, a voluntary association, at this stage. The applicant failed to establish the absence of alternative remedies or a clear right to the relief sought. Accordingly, the application was dismissed.

Citation
[2016] ZAWCHC 189
Parties
Applicant: Marius Lewellyn Fransman; Respondent: Susan Shabangu; Respondent: Gwede Mantashe; Respondent: Integrity Commission of the ANC; Respondent: African National Congress
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 December 2016
Case Number
22690/16
Procedural Posture
Urgent Application / Application for Urgent Interdict and Review; Interlocutory Order Sought
Outcome
Application dismissed with costs.
Judges
Le Grange
Legal Topics
Interdictory Relief, Internal Remedies, Voluntary Association, Review of Decision, Jurisdiction, Costs Order
Civil Procedure Administrative Law Interdictory Relief Internal Remedies Voluntary Association Review of Decision Jurisdiction Costs Order

Case Brief

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Parties

Marius Lewellyn Fransman

Applicant

Susan Shabangu

Respondent

Gwede Mantashe

Respondent

Integrity Commission of the ANC

Respondent

African National Congress

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Review; Interlocutory Order Sought

Legal Issues

  1. 1 Whether the applicant is entitled to urgent interdictory relief for the release of documents from the respondents.
  2. 2 Whether the applicant has exhausted internal remedies as required by the ANC constitution before approaching the court.
  3. 3 Whether the court has jurisdiction to intervene in the internal affairs of a voluntary association.

Ratio Decidendi

The court held that the applicant's relief for urgent interdictory access to documents was premature and ill-conceived. The ANC constitution provides for internal appeal and review mechanisms before the National Disciplinary Committee of Appeal, which the applicant had already initiated. There was no evidence that these internal remedies would be ineffective or futile. The court found no basis for judicial intervention in the internal affairs of the ANC, a voluntary association, at this stage. The applicant failed to establish the absence of alternative remedies or a clear right to the relief sought. Accordingly, the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.