Jafta and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2765/2009, 2793/2009) [2009] ZAECGHC 79 (5 November 2009)

Jafta and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2765/2009, 2793/2009) [2009] ZAECGHC 79 (5 November 2009)

The court found that the applicants were not properly notified of the time, date, and venue of the appeal hearing before the National Disciplinary Committee of Appeal. The affidavits provided by the respondents lacked sufficient detail and documentary proof to rebut the applicants' denials. Furthermore, there was no evidence that the applicants were informed of the change of venue to East London. The failure to provide proper notice constituted a breach of the principles of natural justice and procedural fairness as enshrined in the ANC Constitution and South African law. As a result, the applicants established a prima facie right to interim relief, as their expulsion from the ANC and...

Citation
[2009] ZAECGHC 79
Parties
Applicant: Mangaliso Jafta and 20 Others; Respondent: Chairperson: the National Disciplinary Committee of Appeal of the African National Congress; Respondent: African National Congress; Respondent: Independent Electoral Commission; Respondent: Chief Electoral Officer; Respondent: Mbhashe Local Municipality; Respondent: Municipal Manager: Mbhashe Local Municipality; Applicant: Member of the Executive Council for Local Government and Traditional Affairs for the Province of the Eastern Cape; Respondent: The persons whose names appear on Annexure A; Respondent: National Working Committee of the African National Congress; Respondent: Provincial Working Committee of the African National Congress
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
5 November 2009
Case Number
2765/2009, 2793/2009
Procedural Posture
Urgent Application / Interim Interdict and Review Application
Outcome
Interim interdict granted in favour of the applicants; expulsion set aside and applicants reinstated as councillors pending review. MEC's application dismissed.
Judges
Pickering
Legal Topics
Judicial Review of Party Decisions, Natural Justice, Procedural Fairness, Interim Interdict, Local Government Councillor Expulsion, Automatic Right of Appeal
Administrative Law Civil Procedure Constitutional Law Judicial Review of Party Decisions Natural Justice Procedural Fairness Interim Interdict Local Government Councillor Expulsion +1 more

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Parties

Mangaliso Jafta and 20 Others

Applicant

Chairperson: the National Disciplinary Committee of Appeal of the African National Congress

Respondent

African National Congress

Respondent

Independent Electoral Commission

Respondent

Chief Electoral Officer

Respondent

Mbhashe Local Municipality

Respondent

Municipal Manager: Mbhashe Local Municipality

Respondent

Member of the Executive Council for Local Government and Traditional Affairs for the Province of the Eastern Cape

Applicant

The persons whose names appear on Annexure A

Respondent

National Working Committee of the African National Congress

Respondent

Provincial Working Committee of the African National Congress

Respondent

Procedural Posture

Urgent Application / Interim Interdict and Review Application

Legal Issues

  1. 1 Whether the applicants were given proper notice of the appeal hearing before the National Disciplinary Committee of Appeal.
  2. 2 Whether the disciplinary proceedings against the applicants complied with the principles of natural justice and procedural fairness.
  3. 3 Whether the expulsion of the applicants from the African National Congress should be suspended pending review.

Ratio Decidendi

The court found that the applicants were not properly notified of the time, date, and venue of the appeal hearing before the National Disciplinary Committee of Appeal. The affidavits provided by the respondents lacked sufficient detail and documentary proof to rebut the applicants' denials. Furthermore, there was no evidence that the applicants were informed of the change of venue to East London. The failure to provide proper notice constituted a breach of the principles of natural justice and procedural fairness as enshrined in the ANC Constitution and South African law. As a result, the applicants established a prima facie right to interim relief, as their expulsion from the ANC and...

Court Disposition

Interim interdict granted in favour of the applicants; expulsion set aside and applicants reinstated as councillors pending review. MEC's application dismissed.

Orders

  • Pending the finalisation of the review application, the expulsion of the applicants from the African National Congress is set aside and applicants are reinstated as councillors of the fifth respondent with all emoluments due to them by virtue of their councillorship.
  • The costs of the application for interim relief on 29 October 2009 shall be paid by first respondent, second respondent and seventh respondent, jointly and severally, the one paying the others to be absolved.