Mlotshwa and Others v Msibi and Others (677/2020P) [2023] ZAKZPHC 140 (17 November 2023)

Mlotshwa and Others v Msibi and Others (677/2020P) [2023] ZAKZPHC 140 (17 November 2023)

The court found that although the delay in lodging the application for leave to appeal was substantial and poorly explained, the dysfunctional state of the party and the challenges faced justified granting condonation. The court was persuaded that another court might reach a different conclusion regarding whether the December 2019 conference was validly called by the INEC and whether deviations from the party constitution nullified the conference and its resolutions. The issues raised were sufficiently complex to warrant consideration by the Supreme Court of Appeal. The court held that peremption had not been established, as there was no unequivocal abandonment of the right to appeal. The...

Citation
[2023] ZAKZPHC 140
Parties
Applicant: Vikizitha R. Mlotshwa; Applicant: Silungile D. Dumisa; Applicant: Ahmed Shaik Emam; Respondent: Veronica Zanele Kamagwaza Msibi; Respondent: Jeremiah B. Mavundla; Respondent: Bhekithemba Abel Dlamini; Respondent: Christopher H. Sibisi; Respondent: Obed T. Ngcamu; Respondent: Kelly Baloyi; Respondent: Conan Mdletshe; Respondent: Skhumbuzo Zulu; Respondent: Nhlanhla Khawula; Respondent: The National Freedom Party
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
17 November 2023
Case Number
677/2020P
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Judgment Setting Aside Party Conference and Resolutions
Outcome
Condonation for late lodging of the application for leave to appeal is granted. Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application for leave to appeal are to be costs on appeal, with the 8th respondent ordered to pay 50% of the costs of the application.
Judges
Mngadi
Legal Topics
Condonation for Late Filing, Leave to Appeal, Internal Party Governance, Conference Validity, Peremption, Costs Orders
Civil Procedure Commercial and Corporate Condonation for Late Filing Leave to Appeal Internal Party Governance Conference Validity Peremption Costs Orders

Case Brief

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Parties

Vikizitha R. Mlotshwa

Applicant

Silungile D. Dumisa

Applicant

Ahmed Shaik Emam

Applicant

Veronica Zanele Kamagwaza Msibi

Respondent

Jeremiah B. Mavundla

Respondent

Bhekithemba Abel Dlamini

Respondent

Christopher H. Sibisi

Respondent

Obed T. Ngcamu

Respondent

Kelly Baloyi

Respondent

Conan Mdletshe

Respondent

Skhumbuzo Zulu

Respondent

Nhlanhla Khawula

Respondent

The National Freedom Party

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Judgment Setting Aside Party Conference and Resolutions

Legal Issues

  1. 1 Whether condonation should be granted for the late lodging of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted against the judgment of Van Zyl J setting aside the December 2019 conference and its resolutions.
  3. 3 Whether the delay in lodging the application was justified by the circumstances within the party.

Ratio Decidendi

The court found that although the delay in lodging the application for leave to appeal was substantial and poorly explained, the dysfunctional state of the party and the challenges faced justified granting condonation. The court was persuaded that another court might reach a different conclusion regarding whether the December 2019 conference was validly called by the INEC and whether deviations from the party constitution nullified the conference and its resolutions. The issues raised were sufficiently complex to warrant consideration by the Supreme Court of Appeal. The court held that peremption had not been established, as there was no unequivocal abandonment of the right to appeal. The...

Court Disposition

Condonation for late lodging of the application for leave to appeal is granted. Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application for leave to appeal are to be costs on appeal, with the 8th respondent ordered to pay 50% of the costs of the application.

Orders

  • Condonation for the late lodging of the application for leave to appeal is granted.
  • Leave to appeal the judgment of Van Zyl J delivered on 19 November 2021 is granted to appeal to the Supreme Court of Appeal.