Medupe and Others v African National Congress and Others (UM160/2022) [2023] ZANWHC 159 (7 September 2023)

Medupe and Others v African National Congress and Others (UM160/2022) [2023] ZANWHC 159 (7 September 2023)

The court found that the applicants failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the authority of the ANC NEC to extend the IPC's term. The ANC Constitution, specifically Rule 12.2.20, confers wide powers on the NEC, and the judgment correctly interpreted these provisions. The applicants' reliance on the judgment of Snyman J and the Pilane case was misplaced, as the NEC's powers and the relevance of Pilane were properly addressed in the main judgment. The application for leave to appeal was therefore dismissed, and costs were awarded against the applicants, including costs of two counsel.

Citation
[2023] ZANWHC 159
Parties
Applicant: LeboGANG Medupe; Applicant: Lesego Serapelwane; Applicant: Puso Moeng; Applicant: Sello Molefe; Applicant: Itumeleng Moswane; Respondent: African National Congress; Respondent: Nono Maloyi; Respondent: Lazzy Mokgosi; Respondent: Louis Diremelo; Respondent: Viola Motsumi; Respondent: Sello Lehari
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 September 2023
Case Number
UM160/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Dismissing Main Application With Costs
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
J T Djaje
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Internal Governance of Voluntary Association, Interpretation of Constitution, Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Reasonable Prospect of Success Internal Governance of Voluntary Association Interpretation of Constitution Costs Order

Case Brief

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Parties

LeboGANG Medupe

Applicant

Lesego Serapelwane

Applicant

Puso Moeng

Applicant

Sello Molefe

Applicant

Itumeleng Moswane

Applicant

African National Congress

Respondent

Nono Maloyi

Respondent

Lazzy Mokgosi

Respondent

Louis Diremelo

Respondent

Viola Motsumi

Respondent

Sello Lehari

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Dismissing Main Application With Costs

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal against the judgment dismissing their application.
  2. 2 Whether the ANC NEC was authorised under the ANC Constitution to extend the term of office of the Interim Provincial Committee (IPC).
  3. 3 Whether the judgment relied on the correct legal principles and authorities, including the Pilane decision and the judgment of Snyman J.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the authority of the ANC NEC to extend the IPC's term. The ANC Constitution, specifically Rule 12.2.20, confers wide powers on the NEC, and the judgment correctly interpreted these provisions. The applicants' reliance on the judgment of Snyman J and the Pilane case was misplaced, as the NEC's powers and the relevance of Pilane were properly addressed in the main judgment. The application for leave to appeal was therefore dismissed, and costs were awarded against the applicants, including costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs including costs of two counsel jointly and severally, the one paying the others to be absolved.