Mayekiso and Others v Magashule and Others (2567/2008, 5614/2008) [2009] ZAFSHC 31 (19 March 2009)

Mayekiso and Others v Magashule and Others (2567/2008, 5614/2008) [2009] ZAFSHC 31 (19 March 2009)

The court found that the applicants failed to provide admissible evidence to establish non-compliance with the settlement agreement of 6 December 2007 or to justify setting aside the elections and decisions of ANC structures. The allegations of irregularities were largely hearsay and not supported by sworn statements. While the suspension and disciplinary steps against the first applicant were unlawful and invalid, these had lapsed and no practical relief could be granted. The court condoned non-compliance with statutory service requirements, as no prejudice was shown and all parties were aware of the proceedings. The amendments to the notice of motion were allowed. No substantive relief...

Citation
[2009] ZAFSHC 31
Parties
Applicant: Vakelo Mayekiso and 7 Others; Respondent: Elias Magashule and 132 Others
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 March 2009
Case Number
2567/2008, 5614/2008
Procedural Posture
Civil Application / Final Judgment After Hearing and Amendments
Outcome
Application for amendment granted; non-compliance with service condoned; report on disciplinary proceedings to be furnished; no order as to costs.
Judges
Kruger
Legal Topics
Declaratory Relief, Internal Governance of Political Parties, Section 19 Constitutional Rights, Motion Proceedings Evidence, Condonation of Service, Association Membership Rights
Civil Procedure Constitutional Law Declaratory Relief Internal Governance of Political Parties Section 19 Constitutional Rights Motion Proceedings Evidence Condonation of Service Association Membership Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Vakelo Mayekiso and 7 Others

Applicant

Elias Magashule and 132 Others

Respondent

Procedural Posture

Civil Application / Final Judgment After Hearing and Amendments

Legal Issues

  1. 1 Whether the respondents failed to comply with the settlement agreement of 6 December 2007 regarding the composition of Regional Task Teams (RTTs).
  2. 2 Whether the suspension and disciplinary steps against the first applicant were lawful and valid.
  3. 3 Whether the applicants are entitled to declaratory and consequential relief, including setting aside elections and decisions of ANC structures.

Ratio Decidendi

The court found that the applicants failed to provide admissible evidence to establish non-compliance with the settlement agreement of 6 December 2007 or to justify setting aside the elections and decisions of ANC structures. The allegations of irregularities were largely hearsay and not supported by sworn statements. While the suspension and disciplinary steps against the first applicant were unlawful and invalid, these had lapsed and no practical relief could be granted. The court condoned non-compliance with statutory service requirements, as no prejudice was shown and all parties were aware of the proceedings. The amendments to the notice of motion were allowed. No substantive relief...

Court Disposition

Application for amendment granted; non-compliance with service condoned; report on disciplinary proceedings to be furnished; no order as to costs.

Orders

  • The applicants' application for amendment contained in Part B of its Notice of Motion under case number 5614/2008 dated 26 August 2008 is granted.
  • Non-compliance with section 27 of Act 59 of 1959 in respect of service on the 57th, 128th, 129th, and 130th respondents is condoned.