Mayisela v African National Congress and Others (1342/2007) [2008] ZANWHC 8 (15 May 2008)

Mayisela v African National Congress and Others (1342/2007) [2008] ZANWHC 8 (15 May 2008)

The court held that clause 13 of the ANC Candidate Acceptance Form relates to the operational requirements of the ANC and was not intended to be used as a substitute for properly instituted disciplinary proceedings. The proceedings against the applicant by the Provincial Working Committee constituted disciplinary...

Source-derived case information.

Citation
[2008] ZANWHC 8
Parties
Applicant: Elliot Mandlenkosi Mayisela; Respondent: African National Congress; Respondent: North West Provincial Legislature; Respondent: Premier North West Province; Respondent: Emily Mamayete Mampane
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 May 2008
Case Number
1342/2007
Procedural Posture
Review Application / Final Judgment After Hearing on Amended Notice of Motion
Outcome
Application granted. The decision to withdraw the applicant is declared invalid and set aside. The applicant is to be reinstated as a member of the North West Provincial Legislature. Costs awarded against the first and second respondents jointly and severally.
Judges
L G Lever
Legal Topics
Internal Party Discipline, Review of Administrative Action, Natural Justice, Interpretation of Contracts, Mandamus
Administrative Law Civil Procedure Internal Party Discipline Review of Administrative Action Natural Justice Interpretation of Contracts Mandamus

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Summary, issues, holding and outcome

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Parties

Elliot Mandlenkosi Mayisela

Applicant

African National Congress

Respondent

North West Provincial Legislature

Respondent

Premier North West Province

Respondent

Emily Mamayete Mampane

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on Amended Notice of Motion

Legal Issues

  1. 1 How should clause 13 of the ANC Candidate Acceptance Form be interpreted in the context of party discipline and operational requirements?
  2. 2 Did the proceedings against the applicant constitute disciplinary action requiring compliance with Rule 25 of the ANC Constitution?
  3. 3 Is the relief sought by the applicant, including reinstatement and removal of the fourth respondent, competent and capable of lawful implementation?

Ratio Decidendi

The court held that clause 13 of the ANC Candidate Acceptance Form relates to the operational requirements of the ANC and was not intended to be used as a substitute for properly instituted disciplinary proceedings. The proceedings against the applicant by the Provincial Working Committee constituted disciplinary action, and the committee lacked the power to conduct such proceedings or impose sanctions. The decision to remove the applicant was therefore inconsistent with Rule 25 of the ANC Constitution and invalid. The second respondent's legal question was dismissed as misconceived, since the acts of removal and swearing-in were not challenged for irregularity or unlawfulness, and the...

Court Disposition

Application granted. The decision to withdraw the applicant is declared invalid and set aside. The applicant is to be reinstated as a member of the North West Provincial Legislature. Costs awarded against the first and second respondents jointly and severally.

Orders

  • The decision of the first respondent taken on 6 July 2007 to withdraw the applicant as a representative in the North West Provincial Legislature is declared invalid and of no force and effect.
  • The decision of the first respondent taken on 6 July 2007 to withdraw the applicant is reviewed and set aside.