Moqolo and Others v African National Congress (A118/2023) [2024] ZAFSHC 23 (1 February 2024)

Moqolo and Others v African National Congress (A118/2023) [2024] ZAFSHC 23 (1 February 2024)

The court found that the appeal was moot because the vacancies created by the appellants' expulsion had already been filled through by-elections and proportional representation replacements. The interdict was based on the appellants' status at the time, and there was no ongoing practical effect to the orders sought. The court held that the ANC's disciplinary process, while criticised, was not subject to review or appeal in these proceedings due to the withdrawal of the counter-application. The appellants failed to follow the internal appeal procedures prescribed by the ANC Constitution, and their expulsion remained effective. The court confirmed that the ANC met the requirements for a...

Citation
[2024] ZAFSHC 23
Parties
Appellant: Lehlohonolo Moqolo; Appellant: Patrick Monyakoana; Appellant: Makoa Christophel Lelala; Appellant: Mapaseka Mothibi-Nkoane; Appellant: Chabeli Frank Rampai; Appellant: Puseletso Leticia Seleke; Appellant: Mpho Mokoakoa; Respondent: African National Congress
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 February 2024
Case Number
A118/2023
Procedural Posture
Civil Appeal / Full Court Appeal From Urgent Interdict; Appeal From Confirmation of Rule Nisi
Outcome
Appeal dismissed with costs.
Judges
JP Daffue, C Reinders, PJ Loubser
Legal Topics
Final Interdict, Internal Party Discipline, Mootness, Municipal Councillor Removal
Civil Procedure Administrative Law Final Interdict Internal Party Discipline Mootness Municipal Councillor Removal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Lehlohonolo Moqolo

Appellant

Patrick Monyakoana

Appellant

Makoa Christophel Lelala

Appellant

Mapaseka Mothibi-Nkoane

Appellant

Chabeli Frank Rampai

Appellant

Puseletso Leticia Seleke

Appellant

Mpho Mokoakoa

Appellant

African National Congress

Respondent

Procedural Posture

Civil Appeal / Full Court Appeal From Urgent Interdict; Appeal From Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the appeal is moot due to the filling of municipal council vacancies and the passage of time.
  2. 2 Whether the ANC's disciplinary process complied with its Constitution, specifically rule 25.10.
  3. 3 Whether the appellants' expulsion from the ANC was lawful and procedurally valid.

Ratio Decidendi

The court found that the appeal was moot because the vacancies created by the appellants' expulsion had already been filled through by-elections and proportional representation replacements. The interdict was based on the appellants' status at the time, and there was no ongoing practical effect to the orders sought. The court held that the ANC's disciplinary process, while criticised, was not subject to review or appeal in these proceedings due to the withdrawal of the counter-application. The appellants failed to follow the internal appeal procedures prescribed by the ANC Constitution, and their expulsion remained effective. The court confirmed that the ANC met the requirements for a...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.