Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017) [2017] ZAECGHC 131 (12 December 2017)

Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017) [2017] ZAECGHC 131 (12 December 2017)

The court found that the applicants' complaints regarding irregularities at branch and conference level were disputed on the papers and not proven to the stringent standard required for final relief in motion proceedings. The ANC's constitution and guidelines provided for internal remedies, and the NEC was actively considering the complaints, having established an appeal panel to investigate and make recommendations. The court held that the matter was not ripe for judicial determination, as the internal processes had not concluded and the applicants had not demonstrated that these remedies were ineffective or that their rights had been irreparably prejudiced. The urgency claimed by the...

Citation
[2017] ZAECGHC 131
Parties
Applicant: Nomawethu Mgabadeli; Applicant: Bulelwa Madikida; Applicant: Mtetiswa Bethwell Jijingubo; Applicant: Nontlahla Majola; Applicant: Ntelwa Nompilo; Applicant: Notabile Xhate; Applicant: Bayete Thabalaza; Applicant: Jayomarhini; Applicant: Mlandeli Bandezi; Applicant: Baxolile Kulu; Applicant: Zoleka Khoba; Respondent: African National Congress; Respondent: Oscar Lubabalo Mabuyane; Respondent: Mlungisi Mvoko; Respondent: Lulama Ngcukayitobi; Respondent: Helen Sauls-August; Respondent: Babalo Madikizela; Respondent: Fanta Gloria Bukiwe; Respondent: Gade Fundile David; Respondent: Ngozi William; Respondent: Meth Nomakhosazana; Respondent: Tikana Weziwe; Respondent: Magqashela Loyiso; Respondent: Ndabeni-Abrahams Stella; Respondent: Majodina Pemmy; Respondent: Kotsiwe Nonceba; Respondent: Mantashe Priscilla Tozama; Respondent: Nontsele Mncedisi; Respondent: Dunjwa Mary-Ann Lindelwa; Respondent: Ndabe Nimziwonke; Respondent: Desi Fikile; Respondent: Ncitha Zukiswa; Respondent: Kulu Simthembile; Respondent: Matiwane Thabo; Respondent: Nqatha Xolile; Respondent: Quphe Zandisile; Respondent: Sokanyile Thokozile; Respondent: Gomba Sindiswa; Respondent: Mabengu Xolela; Respondent: Mbedla Momelezi Mthetheleli; Respondent: Peter Zamoxolo Joseph; Respondent: Nyalambisa Nozibele; Respondent: Malamlela Xolani; Respondent: Rabezinzi Zinziswa; Respondent: Camelio-Benjamin Virginia; Respondent: Matana Zoliswa Patience; Respondent: Koni Ntombizanele
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
12 December 2017
Case Number
EL1303/2017, ECD3703/2017
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed for lack of justiciability and ripeness.
Judges
D Van Zyl, N G Beshe, G G Goosen
Legal Topics
Section 19 Political Rights, Internal Remedies Exhaustion, Ripeness Doctrine, Voluntary Association Contract, Conference Election Irregularities, Urgent Application Requirements
Constitutional Law Civil Procedure Alternative Dispute Resolution Section 19 Political Rights Internal Remedies Exhaustion Ripeness Doctrine Voluntary Association Contract Conference Election Irregularities +1 more

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Parties

Nomawethu Mgabadeli

Applicant

Bulelwa Madikida

Applicant

Mtetiswa Bethwell Jijingubo

Applicant

Nontlahla Majola

Applicant

Ntelwa Nompilo

Applicant

Notabile Xhate

Applicant

Bayete Thabalaza

Applicant

Jayomarhini

Applicant

Mlandeli Bandezi

Applicant

Baxolile Kulu

Applicant

Zoleka Khoba

Applicant

African National Congress

Respondent

Oscar Lubabalo Mabuyane

Respondent

Mlungisi Mvoko

Respondent

Lulama Ngcukayitobi

Respondent

Helen Sauls-August

Respondent

Babalo Madikizela

Respondent

Fanta Gloria Bukiwe

Respondent

Gade Fundile David

Respondent

Ngozi William

Respondent

Meth Nomakhosazana

Respondent

Tikana Weziwe

Respondent

Magqashela Loyiso

Respondent

Ndabeni-Abrahams Stella

Respondent

Majodina Pemmy

Respondent

Kotsiwe Nonceba

Respondent

Mantashe Priscilla Tozama

Respondent

Nontsele Mncedisi

Respondent

Dunjwa Mary-Ann Lindelwa

Respondent

Ndabe Nimziwonke

Respondent

Desi Fikile

Respondent

Ncitha Zukiswa

Respondent

Kulu Simthembile

Respondent

Matiwane Thabo

Respondent

Nqatha Xolile

Respondent

Quphe Zandisile

Respondent

Sokanyile Thokozile

Respondent

Gomba Sindiswa

Respondent

Mabengu Xolela

Respondent

Mbedla Momelezi Mthetheleli

Respondent

Peter Zamoxolo Joseph

Respondent

Nyalambisa Nozibele

Respondent

Malamlela Xolani

Respondent

Rabezinzi Zinziswa

Respondent

Camelio-Benjamin Virginia

Respondent

Matana Zoliswa Patience

Respondent

Koni Ntombizanele

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the Provincial Conference of the ANC in the Eastern Cape was convened and conducted in accordance with the ANC constitution and democratic principles.
  2. 2 Whether the election of the Provincial Executive Committee (PEC) was valid given alleged irregularities at branch and conference level.
  3. 3 Whether the applicants were required to exhaust internal remedies before approaching the court.

Ratio Decidendi

The court found that the applicants' complaints regarding irregularities at branch and conference level were disputed on the papers and not proven to the stringent standard required for final relief in motion proceedings. The ANC's constitution and guidelines provided for internal remedies, and the NEC was actively considering the complaints, having established an appeal panel to investigate and make recommendations. The court held that the matter was not ripe for judicial determination, as the internal processes had not concluded and the applicants had not demonstrated that these remedies were ineffective or that their rights had been irreparably prejudiced. The urgency claimed by the...

Court Disposition

Application dismissed for lack of justiciability and ripeness.

Orders

  • The application is dismissed with costs, including costs for two counsel.
  • The 1st to 6th respondents are ordered to pay the costs occasioned by the filing of the supplementary affidavit dated 16 November 2017, including the costs reserved on 21 November 2017, such costs to include the costs consequent upon the employment of two counsel.