Kuzwayo and Others v Umkhonto Wesizwe Political Party and Another (18204/2024) [2024] ZAWCHC 246 (9 September 2024)

Kuzwayo and Others v Umkhonto Wesizwe Political Party and Another (18204/2024) [2024] ZAWCHC 246 (9 September 2024)

The applicants failed to establish urgency as required by the rules, with material factual averments missing from their founding papers and no adequate explanation for the delay in bringing the application. The requirements for an interim interdict were not met, as the applicants did not demonstrate a prima facie right, reasonable apprehension of irreparable harm, or that the balance of convenience favoured them. The letter from the parliamentary legal advisor did not establish urgency or irreparable harm. The court found that the applicants' case was not properly pleaded and that substantial redress could be obtained in due course. The application was dismissed with costs.

Citation
[2024] ZAWCHC 246
Parties
Applicant: Thamsanqa Fortunate Kuzwayo; Applicant: Isaac Kaleboe Menyatso; Applicant: Citron Mpho Motshegoe; Applicant: Augastina Madala Qwetha; Applicant: Nomado Grace Mgwebi; Applicant: Ntombenhle Mkhize; Applicant: Sydwell Matholeni Masilela; Applicant: France Bongani Mfiki; Applicant: Senzo Selby Dlamini; Applicant: Agnes Mogotsi; Respondent: Umkhonto Wesizwe Political Party; Respondent: Speaker of National Assembly
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 September 2024
Case Number
18204/2024
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Review
Outcome
Application dismissed with costs.
Judges
Savage
Legal Topics
Interim Interdict, Urgency, Parliamentary Membership, Locus Standi
Constitutional Law Civil Procedure Interim Interdict Urgency Parliamentary Membership Locus Standi

Case Brief

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Parties

Thamsanqa Fortunate Kuzwayo

Applicant

Isaac Kaleboe Menyatso

Applicant

Citron Mpho Motshegoe

Applicant

Augastina Madala Qwetha

Applicant

Nomado Grace Mgwebi

Applicant

Ntombenhle Mkhize

Applicant

Sydwell Matholeni Masilela

Applicant

France Bongani Mfiki

Applicant

Senzo Selby Dlamini

Applicant

Agnes Mogotsi

Applicant

Umkhonto Wesizwe Political Party

Respondent

Speaker of National Assembly

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicants have established urgency justifying deviation from the rules of court.
  2. 2 Whether the applicants have established the requirements for an interim interdict pending the outcome of the review application.
  3. 3 Whether the applicants have locus standi and whether the court has jurisdiction to hear the matter.

Ratio Decidendi

The applicants failed to establish urgency as required by the rules, with material factual averments missing from their founding papers and no adequate explanation for the delay in bringing the application. The requirements for an interim interdict were not met, as the applicants did not demonstrate a prima facie right, reasonable apprehension of irreparable harm, or that the balance of convenience favoured them. The letter from the parliamentary legal advisor did not establish urgency or irreparable harm. The court found that the applicants' case was not properly pleaded and that substantial redress could be obtained in due course. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.