Medupe and Others v African National Congress and Others (003/2024) [2025] ZASCA 22 (20 March 2025)

Medupe and Others v African National Congress and Others (003/2024) [2025] ZASCA 22 (20 March 2025)

The Supreme Court of Appeal held that rule 12.2.4 of the ANC constitution does not automatically terminate the IPC's authority upon expiry of the nine-month period, especially where force majeure, such as the Covid-19 pandemic, made compliance impossible. The rule must be interpreted in context, with the purpose of maintaining good governance and continuity in leadership. The NEC was constitutionally empowered to extend the IPC's mandate and to intervene in the conduct of the Provincial Conference when necessary. The actions of the NEC and IPC were justified under the constitution, and the Provincial Conference was lawfully convened. The appeal was dismissed with costs.

Citation
[2025] ZASCA 22
Parties
Appellant: LeboGANG Medupe; Appellant: Sello Molefe; Appellant: Itumeleng Moswane; Respondent: African National Congress; Respondent: Nono Maloyi; Respondent: Lazzy Mokgosi; Respondent: Louis Diremelo; Respondent: Viola Motsumi; Respondent: Sello Lehari; Respondent: Suzan Dantjie; Respondent: Motlalepula Rosho; Respondent: Wendy Nelson; Respondent: Kenetswe Mosenogi; Respondent: Betty Kegakilwe; Respondent: Tebogo Modise; Respondent: Saliva Molapisi; Respondent: Stella Mondlana; Respondent: Sipho Dial; Respondent: Mpho Khunou; Respondent: Grace Moipolai; Respondent: Hendrick Botha; Respondent: Jostina Mkhize; Respondent: Elizabeth Mokua; Respondent: Tebogo Motase; Respondent: Nkotsoe Nketu; Respondent: Victoria Makhaula; Respondent: Nomvulyiselo Sompa; Respondent: Desbo Mohono; Respondent: Perlitia Chwene; Respondent: Maria Monnana; Respondent: Nthabiseng Shuping; Respondent: Lenah Miga; Respondent: Morutse Molefe; Respondent: Tumelo Marupong; Respondent: George Manyike; Respondent: Boipelo Mareko; Respondent: Grace Masilo; Respondent: Ceaser Mogatusi; Respondent: Priscilla Williams
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 2025
Case Number
003/2024
Procedural Posture
Civil Appeal / Appeal From North West Division of the High Court, Mahikeng
Outcome
Appeal dismissed with costs, including the costs of two counsel where so employed.
Judges
Meyer, Matojane, Kgoele, Smith, Bloem
Legal Topics
Interpretation of Voluntary Association Constitution, Force Majeure, Internal Governance, Contractual Interpretation, Good Governance, Powers of Nec
Administrative Law Civil Procedure Interpretation of Voluntary Association Constitution Force Majeure Internal Governance Contractual Interpretation Good Governance Powers of Nec

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Parties

LeboGANG Medupe

Appellant

Sello Molefe

Appellant

Itumeleng Moswane

Appellant

African National Congress

Respondent

Nono Maloyi

Respondent

Lazzy Mokgosi

Respondent

Louis Diremelo

Respondent

Viola Motsumi

Respondent

Sello Lehari

Respondent

Suzan Dantjie

Respondent

Motlalepula Rosho

Respondent

Wendy Nelson

Respondent

Kenetswe Mosenogi

Respondent

Betty Kegakilwe

Respondent

Tebogo Modise

Respondent

Saliva Molapisi

Respondent

Stella Mondlana

Respondent

Sipho Dial

Respondent

Mpho Khunou

Respondent

Grace Moipolai

Respondent

Hendrick Botha

Respondent

Jostina Mkhize

Respondent

Elizabeth Mokua

Respondent

Tebogo Motase

Respondent

Nkotsoe Nketu

Respondent

Victoria Makhaula

Respondent

Nomvulyiselo Sompa

Respondent

Desbo Mohono

Respondent

Perlitia Chwene

Respondent

Maria Monnana

Respondent

Nthabiseng Shuping

Respondent

Lenah Miga

Respondent

Morutse Molefe

Respondent

Tumelo Marupong

Respondent

George Manyike

Respondent

Boipelo Mareko

Respondent

Grace Masilo

Respondent

Ceaser Mogatusi

Respondent

Priscilla Williams

Respondent

Procedural Posture

Civil Appeal / Appeal From North West Division of the High Court, Mahikeng

Legal Issues

  1. 1 Whether the Interim Provincial Committee (IPC) had authority to convene the Provincial Conference after the expiration of its term of office.
  2. 2 Whether the ANC National Executive Committee (NEC) was empowered by the ANC constitution to assume control of the Provincial Conference and its elections.

Ratio Decidendi

The Supreme Court of Appeal held that rule 12.2.4 of the ANC constitution does not automatically terminate the IPC's authority upon expiry of the nine-month period, especially where force majeure, such as the Covid-19 pandemic, made compliance impossible. The rule must be interpreted in context, with the purpose of maintaining good governance and continuity in leadership. The NEC was constitutionally empowered to extend the IPC's mandate and to intervene in the conduct of the Provincial Conference when necessary. The actions of the NEC and IPC were justified under the constitution, and the Provincial Conference was lawfully convened. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs, including the costs of two counsel where so employed.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel where so employed.