Lwando and Another v South African Students' Congress and Others (26826/2018) [2018] ZAGPJHC 671 (15 August 2018)

Lwando and Another v South African Students' Congress and Others (26826/2018) [2018] ZAGPJHC 671 (15 August 2018)

The court found that the respondents' conduct in refusing to facilitate the applicants' attendance at the NGC and subsequently expelling them was in violation of both the previous court order and SASCO's Constitution. The applicants were denied a fair hearing and the NGC lacked authority to remove them from office. The requirements for urgency and interim relief were met, as the applicants faced irreparable harm due to the limited term of office and the absence of alternative remedies. The respondents failed to provide evidence to rebut the presumption of wilful non-compliance. The court declined to find contempt against respondents who were not personally served, but granted interim...

Citation
[2018] ZAGPJHC 671
Parties
Applicant: Lwando Yandisa Majiza; Applicant: Lwando Xolo Mangqishi; Respondent: South African Students' Congress; Respondent: Avela Mjajubana; Respondent: Luyanda Tenge; Respondent: Moipone Mhlongo; Respondent: Tshepo Mohlomi; Respondent: Sthembiso Siyabonga Ndlovu; Respondent: Thandeka Tshabalala; Respondent: Thabo Mofokeng; Respondent: Eugene Manana; Respondent: Joel Mamabolo; Respondent: Lebohang Ntuli; Respondent: Mohlodi Phasha; Respondent: Sibulele Twashu; Respondent: Lerato Dladla; Respondent: Ntombizawo Phande; Respondent: Hlekani Mtikileni; Respondent: Simphiwe Joja; Respondent: NtokozoYethu Mncube; Respondent: Rerang Nchabane; Respondent: Tumelo Cogang
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2018
Case Number
26826/2018
Procedural Posture
Urgent Application / Interim Relief Pending Review Application
Outcome
Interim relief granted; applicants reinstated; respondents restrained from enforcing NGC decisions; costs awarded on attorney and client scale.
Judges
Mudau T P
Legal Topics
Contempt of Court, Interim Interdict, Disciplinary Proceedings, Student Organisation Governance
Civil Procedure Administrative Law Contempt of Court Interim Interdict Disciplinary Proceedings Student Organisation Governance

Case Brief

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Parties

Lwando Yandisa Majiza

Applicant

Lwando Xolo Mangqishi

Applicant

South African Students' Congress

Respondent

Avela Mjajubana

Respondent

Luyanda Tenge

Respondent

Moipone Mhlongo

Respondent

Tshepo Mohlomi

Respondent

Sthembiso Siyabonga Ndlovu

Respondent

Thandeka Tshabalala

Respondent

Thabo Mofokeng

Respondent

Eugene Manana

Respondent

Joel Mamabolo

Respondent

Lebohang Ntuli

Respondent

Mohlodi Phasha

Respondent

Sibulele Twashu

Respondent

Lerato Dladla

Respondent

Ntombizawo Phande

Respondent

Hlekani Mtikileni

Respondent

Simphiwe Joja

Respondent

NtokozoYethu Mncube

Respondent

Rerang Nchabane

Respondent

Tumelo Cogang

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Review Application

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order issued on 12 June 2018.
  2. 2 Whether the applicants are entitled to interim relief pending the determination of the main review application.
  3. 3 Whether the disciplinary proceedings and expulsion of the applicants were lawful under SASCO's Constitution.

Ratio Decidendi

The court found that the respondents' conduct in refusing to facilitate the applicants' attendance at the NGC and subsequently expelling them was in violation of both the previous court order and SASCO's Constitution. The applicants were denied a fair hearing and the NGC lacked authority to remove them from office. The requirements for urgency and interim relief were met, as the applicants faced irreparable harm due to the limited term of office and the absence of alternative remedies. The respondents failed to provide evidence to rebut the presumption of wilful non-compliance. The court declined to find contempt against respondents who were not personally served, but granted interim...

Court Disposition

Interim relief granted; applicants reinstated; respondents restrained from enforcing NGC decisions; costs awarded on attorney and client scale.

Orders

  • The applicants are reinstated to their respective positions as Secretary-General and Deputy Secretary-General of the first respondent forthwith.
  • The respondents are interdicted and restrained from enforcing any decision(s) taken by the first respondent on 4 July 2018 at its NGC meeting against the applicants pending the finalization of part B of the main review application.