Mlambo and Others v African National Congress and Others (2021/42288) [2021] ZAGPJHC 491 (22 September 2021)

Mlambo and Others v African National Congress and Others (2021/42288) [2021] ZAGPJHC 491 (22 September 2021)

The court found that the applicants failed to make out a case for urgency. The delay from 15 June 2021 to 3 September 2021 in launching the application was not adequately explained, and the urgency was therefore self-created. The applicants did not comply with the Practice Manual requirements for filing papers and heads of argument, and gave the respondents insufficient time to respond. The court held that the matter could have been brought as one of semi-urgency, but the applicants chose not to do so. As a result, the application was struck off the roll for lack of urgency, with costs awarded against the applicants.

Citation
[2021] ZAGPJHC 491
Parties
Applicant: Dora Mlambo; Applicant: Nokuthula Xaba; Applicant: Phumla Mgidlana; Applicant: Thabisa Makapaka; Applicant: Ponthso Motloung; Applicant: Anna Mnguni; Applicant: Sesana Mthethwa; Applicant: Dimakatso Sebiloane; Applicant: Lorraine Mahlosane; Applicant: Thandi Makgobola; Applicant: Maria Mokoena; Applicant: Cikizwa Kali; Applicant: Phumeza Ngcuka; Applicant: Dinah Khoza; Applicant: Bomikazi Sobalisa; Applicant: Jemina Nqala; Applicant: Petunia Msomi; Applicant: Ntombi Megkwe; Applicant: Pascalina Madoda; Applicant: Gladys Ngwane; Applicant: Zoleka Ngozi; Applicant: Sihle Green; Applicant: Nobomi Whitey; Applicant: Gladys Ngozo; Applicant: Fikile Sobopha; Applicant: Patricia Mabuza; Applicant: Andiswa Rondo; Applicant: Thuli Twana; Applicant: Celiwe Nkosi; Applicant: Zoleka Njoboloane; Applicant: Banyana Khuthamo; Respondent: African National Congress; Respondent: African National Congress Women’s League, Gauteng; Respondent: Provincial Executive Committee, Gauteng; Respondent: Independent Electoral Commission
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2021
Case Number
2021/42288
Procedural Posture
Urgent Application / Application Struck Off Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency, with costs awarded against the applicants.
Judges
Weiner
Legal Topics
Urgency in Motion Proceedings, Internal Party Dispute, Conference Election Challenge, Practice Manual Compliance
Civil Procedure Constitutional Law Urgency in Motion Proceedings Internal Party Dispute Conference Election Challenge Practice Manual Compliance

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Parties

Dora Mlambo

Applicant

Nokuthula Xaba

Applicant

Phumla Mgidlana

Applicant

Thabisa Makapaka

Applicant

Ponthso Motloung

Applicant

Anna Mnguni

Applicant

Sesana Mthethwa

Applicant

Dimakatso Sebiloane

Applicant

Lorraine Mahlosane

Applicant

Thandi Makgobola

Applicant

Maria Mokoena

Applicant

Cikizwa Kali

Applicant

Phumeza Ngcuka

Applicant

Dinah Khoza

Applicant

Bomikazi Sobalisa

Applicant

Jemina Nqala

Applicant

Petunia Msomi

Applicant

Ntombi Megkwe

Applicant

Pascalina Madoda

Applicant

Gladys Ngwane

Applicant

Zoleka Ngozi

Applicant

Sihle Green

Applicant

Nobomi Whitey

Applicant

Gladys Ngozo

Applicant

Fikile Sobopha

Applicant

Patricia Mabuza

Applicant

Andiswa Rondo

Applicant

Thuli Twana

Applicant

Celiwe Nkosi

Applicant

Zoleka Njoboloane

Applicant

Banyana Khuthamo

Applicant

African National Congress

Respondent

African National Congress Women’s League, Gauteng

Respondent

Provincial Executive Committee, Gauteng

Respondent

Independent Electoral Commission

Respondent

Procedural Posture

Urgent Application / Application Struck Off Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application is sufficiently urgent to warrant hearing on an urgent basis.
  2. 2 Whether the applicants have provided a justifiable explanation for the delay in launching the application.
  3. 3 Whether the internal dispute resolution processes within the ANC Women’s League were exhausted before approaching the court.

Ratio Decidendi

The court found that the applicants failed to make out a case for urgency. The delay from 15 June 2021 to 3 September 2021 in launching the application was not adequately explained, and the urgency was therefore self-created. The applicants did not comply with the Practice Manual requirements for filing papers and heads of argument, and gave the respondents insufficient time to respond. The court held that the matter could have been brought as one of semi-urgency, but the applicants chose not to do so. As a result, the application was struck off the roll for lack of urgency, with costs awarded against the applicants.

Court Disposition

Application struck off the roll for lack of urgency, with costs awarded against the applicants.

Orders

  • The matter is struck off the roll for lack of urgency.
  • Applicants are ordered to pay the costs.