Khoi San Revolution and Another v Smith and Others (2021/2017) [2019] ZANCHC 10 (13 March 2019)

Khoi San Revolution and Another v Smith and Others (2021/2017) [2019] ZANCHC 10 (13 March 2019)

The court found that the second applicant, Mr Peterson, was duly elected as president of the first applicant at the mini-conference in January 2016, as evidenced by the handwritten minutes and subsequent recognition by the IEC and party members. The respondents failed to provide credible evidence of his removal or any valid disciplinary proceedings. The argument that the constitution does not provide for an interim president was rejected, as the party was still in the process of establishment and interim leadership was necessary for registration. Although the second applicant did not provide a NEC resolution authorising the application on behalf of the first applicant, he was entitled to...

Citation
[2019] ZANCHC 10
Parties
Applicant: The Khoi San Revolution; Applicant: William Roderick Stanley Peterson; Respondent: Frank Smith; Respondent: Louisa Uithaler; Respondent: Juleen Denise Josephs; Respondent: Gert Bitterbos; Respondent: Marthinus Pieters; Respondent: The Nama Khoi Local Municipality; Respondent: The Municipal Manager: NamKhoi Local Municipality; Respondent: The Independent Electoral Commission
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
13 March 2019
Case Number
2021/2017
Procedural Posture
Review Application / Judgment
Outcome
Application granted in favour of the second applicant, declaring him the legitimate and duly elected president of the first applicant. No order as to costs, and no costs to be recovered from the first applicant.
Judges
Williams
Legal Topics
Locus Standi, Internal Party Governance, Authority to Institute Proceedings, Electoral Commission Registration
Civil Procedure Commercial and Corporate Locus Standi Internal Party Governance Authority to Institute Proceedings Electoral Commission Registration

Case Brief

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Parties

The Khoi San Revolution

Applicant

William Roderick Stanley Peterson

Applicant

Frank Smith

Respondent

Louisa Uithaler

Respondent

Juleen Denise Josephs

Respondent

Gert Bitterbos

Respondent

Marthinus Pieters

Respondent

The Nama Khoi Local Municipality

Respondent

The Municipal Manager: NamKhoi Local Municipality

Respondent

The Independent Electoral Commission

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the second applicant is the legitimate and duly elected president of the first applicant, the Khoi San Revolution.
  2. 2 Whether the second applicant has locus standi and authority to bring the application on behalf of the first applicant.
  3. 3 Whether there is a factual dispute regarding the election and termination of the second applicant's leadership that precludes determination on the papers.

Ratio Decidendi

The court found that the second applicant, Mr Peterson, was duly elected as president of the first applicant at the mini-conference in January 2016, as evidenced by the handwritten minutes and subsequent recognition by the IEC and party members. The respondents failed to provide credible evidence of his removal or any valid disciplinary proceedings. The argument that the constitution does not provide for an interim president was rejected, as the party was still in the process of establishment and interim leadership was necessary for registration. Although the second applicant did not provide a NEC resolution authorising the application on behalf of the first applicant, he was entitled to...

Court Disposition

Application granted in favour of the second applicant, declaring him the legitimate and duly elected president of the first applicant. No order as to costs, and no costs to be recovered from the first applicant.

Orders

  • The second applicant, Mr William Roderick Stanley Peterson, is declared to be the legitimate and duly elected president of the first applicant.
  • No order as to costs, save that no costs pertaining to this application are to be recovered from the first applicant.