Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 88; [2021] 3 All SA 887 (GJ) (9 July 2021)

Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 88; [2021] 3 All SA 887 (GJ) (9 July 2021)

The court held that Rule 25.70 of the ANC constitution is not unconstitutional or invalid under either the ANC constitution or the Constitution of South Africa. The ANC, as a voluntary association, is entitled to regulate its internal affairs, including membership and participation, provided its constitution is consistent with the national Constitution. The step-aside rule and the suspension of Mr Magashule were precautionary measures, not disciplinary or punitive actions, and did not require pre-suspension audi alteram partem. The court found that Mr Magashule was afforded ample opportunity to make representations and participate in the relevant processes. The NEC and NWC properly...

Citation
[2021] ZAGPJHC 88
Parties
Applicant: Elias Sekgobelo Magashule; Respondent: Cyril Ramaphosa; Respondent: Jessie Duarte; Respondent: African National Congress
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 July 2021
Case Number
2021/23795
Procedural Posture
Urgent Application / Final Judgment on Merits and Interlocutory Applications
Outcome
Application dismissed with costs, including costs of three counsel, except for duplicated documents.
Judges
Kollapen, Weiner, Molahlehi
Legal Topics
Political Party Membership, Internal Party Governance, Precautionary Suspension, Natural Justice, Bill of Rights Limitation, Declaratory Relief
Constitutional Law Civil Procedure Commercial and Corporate Political Party Membership Internal Party Governance Precautionary Suspension Natural Justice Bill of Rights Limitation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Elias Sekgobelo Magashule

Applicant

Cyril Ramaphosa

Respondent

Jessie Duarte

Respondent

African National Congress

Respondent

Procedural Posture

Urgent Application / Final Judgment on Merits and Interlocutory Applications

Legal Issues

  1. 1 Whether Rule 25.70 of the ANC constitution is unconstitutional or invalid under the ANC constitution and the Constitution of South Africa.
  2. 2 Whether the ANC's step-aside rule is unconstitutional or invalid.
  3. 3 Whether the suspension of Mr Magashule as Secretary General of the ANC is invalid and should be set aside.

Ratio Decidendi

The court held that Rule 25.70 of the ANC constitution is not unconstitutional or invalid under either the ANC constitution or the Constitution of South Africa. The ANC, as a voluntary association, is entitled to regulate its internal affairs, including membership and participation, provided its constitution is consistent with the national Constitution. The step-aside rule and the suspension of Mr Magashule were precautionary measures, not disciplinary or punitive actions, and did not require pre-suspension audi alteram partem. The court found that Mr Magashule was afforded ample opportunity to make representations and participate in the relevant processes. The NEC and NWC properly...

Court Disposition

Application dismissed with costs, including costs of three counsel, except for duplicated documents.

Orders

  • The application to strike out is dismissed with costs, including costs of three counsel, excluding costs of duplicated documents.
  • The application for condonation by Mr Ramaphosa for late filing of his answering affidavit is granted.