Mabe and Others v Municipal Manager: Greater Taung Local Municipality and Others (M85/2017) [2017] ZANWHC 72 (23 November 2017)

Mabe and Others v Municipal Manager: Greater Taung Local Municipality and Others (M85/2017) [2017] ZANWHC 72 (23 November 2017)

The court held that the applicants' termination as ANC members and councillors was not subject to review under PAJA, as the ANC's decision was a political one by a voluntary association, not administrative action. The applicants had voluntarily ceased ANC membership by joining rival parties, making disciplinary proceedings unnecessary and placing themselves outside the ANC's disciplinary jurisdiction. The Municipal Manager acted by operation of law under section 27(c) of the Municipal Structures Act, which provides for automatic vacation of office upon cessation of party membership. The application was out of time, and no condonation was sought. The requirements for an interdict were not...

Citation
[2017] ZANWHC 72
Parties
Applicant: Motseothata Joseph Mabe; Applicant: Rosy Keneilwe Kgosimore; Applicant: Mika Bennet Moeti; Applicant: Moemedi Theophilus Baijang; Applicant: Dipuo Agnes Itumeleng; Applicant: Gaserediwe Julia Mmabe; Applicant: Kedumetse Ruth Tyalimpi; Respondent: Municipal Manager: Greater Taung Local Municipality; Respondent: Municipal Council: Greater Taung Local Municipality; Respondent: African National Congress; Respondent: Independent Electoral Commission of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 November 2017
Case Number
M85/2017
Procedural Posture
Review Application / Judgment After Opposed Motion
Outcome
Application dismissed with costs.
Judges
Kgoele
Legal Topics
Promotion of Administrative Justice Act, Municipal Structures Act, Party Membership Termination, Disciplinary Proceedings, Interdict Requirements
Administrative Law Civil Procedure Promotion of Administrative Justice Act Municipal Structures Act Party Membership Termination Disciplinary Proceedings Interdict Requirements

Case Brief

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Parties

Motseothata Joseph Mabe

Applicant

Rosy Keneilwe Kgosimore

Applicant

Mika Bennet Moeti

Applicant

Moemedi Theophilus Baijang

Applicant

Dipuo Agnes Itumeleng

Applicant

Gaserediwe Julia Mmabe

Applicant

Kedumetse Ruth Tyalimpi

Applicant

Municipal Manager: Greater Taung Local Municipality

Respondent

Municipal Council: Greater Taung Local Municipality

Respondent

African National Congress

Respondent

Independent Electoral Commission of South Africa

Respondent

Procedural Posture

Review Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the termination of the applicants' ANC membership and councillorship was lawful and subject to review under PAJA.
  2. 2 Whether the applicants were entitled to disciplinary proceedings before termination of their membership.
  3. 3 Whether the application was brought within the prescribed time limits under PAJA.

Ratio Decidendi

The court held that the applicants' termination as ANC members and councillors was not subject to review under PAJA, as the ANC's decision was a political one by a voluntary association, not administrative action. The applicants had voluntarily ceased ANC membership by joining rival parties, making disciplinary proceedings unnecessary and placing themselves outside the ANC's disciplinary jurisdiction. The Municipal Manager acted by operation of law under section 27(c) of the Municipal Structures Act, which provides for automatic vacation of office upon cessation of party membership. The application was out of time, and no condonation was sought. The requirements for an interdict were not...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the first, second and third respondents jointly and severally, including costs for two counsel where applicable.