Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4 (6 February 2019)

Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4 (6 February 2019)

The court found that the NEC's decision to dissolve the PEC was procedurally unfair and unlawful. The ANC Constitution requires that members, through their branches, be notified and consulted before adverse decisions are taken. The purported consultative meetings were chaotic, improperly convened, and did not address the dissolution of the PEC. The NEC failed to provide proper reasons for its decision, and the process did not meet the requirements of procedural fairness as contemplated by both the ANC Constitution and the Constitution of South Africa. The applicants' rights under section 19 of the Constitution were violated. The relief sought was not moot, as the consequences of the...

Citation
[2019] ZAGPJHC 4
Parties
Applicant: Aaron Motswana; Applicant: Mamonyenyane Maleke; Applicant: Kutlwano Masisi; Applicant: Grayn Nicholas Jood; Applicant: Supra Mahumapelo; Respondent: African National Congress; Respondent: The Disbanded PEC; Respondent: The Provincial Task Team
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 February 2019
Case Number
35398/18
Procedural Posture
Urgent Application / Final Relief on Opposed Motion Roll After Initial Urgent Application Was Struck From the Roll for Lack of Urgency.
Outcome
Application granted. The NEC's decisions to dissolve the PEC and appoint the PTT are declared unlawful and set aside. The PTT is interdicted from acting, and the PEC is reinstated. Costs awarded to applicants.
Judges
Kathree-Setiloane
Legal Topics
Political Rights, Procedural Fairness, Internal Party Democracy, Audi Alteram Partem, Declaratory Relief, Interdictory Relief
Constitutional Law Civil Procedure Administrative Law Political Rights Procedural Fairness Internal Party Democracy Audi Alteram Partem Declaratory Relief +1 more

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Parties

Aaron Motswana

Applicant

Mamonyenyane Maleke

Applicant

Kutlwano Masisi

Applicant

Grayn Nicholas Jood

Applicant

Supra Mahumapelo

Applicant

African National Congress

Respondent

The Disbanded PEC

Respondent

The Provincial Task Team

Respondent

Procedural Posture

Urgent Application / Final Relief on Opposed Motion Roll After Initial Urgent Application Was Struck From the Roll for Lack of Urgency.

Legal Issues

  1. 1 Whether the decision of the ANC National Executive Committee (NEC) to dissolve the North West Provincial Executive Committee (PEC) was procedurally fair and lawful.
  2. 2 Whether the NEC's decision to appoint a Provincial Task Team (PTT) was lawful.
  3. 3 Whether the applicants' rights under section 19 of the Constitution were violated by the NEC's decisions.

Ratio Decidendi

The court found that the NEC's decision to dissolve the PEC was procedurally unfair and unlawful. The ANC Constitution requires that members, through their branches, be notified and consulted before adverse decisions are taken. The purported consultative meetings were chaotic, improperly convened, and did not address the dissolution of the PEC. The NEC failed to provide proper reasons for its decision, and the process did not meet the requirements of procedural fairness as contemplated by both the ANC Constitution and the Constitution of South Africa. The applicants' rights under section 19 of the Constitution were violated. The relief sought was not moot, as the consequences of the...

Court Disposition

Application granted. The NEC's decisions to dissolve the PEC and appoint the PTT are declared unlawful and set aside. The PTT is interdicted from acting, and the PEC is reinstated. Costs awarded to applicants.

Orders

  • The decision of the ANC made on 31 August 2018 to disband the North West Provincial Executive Committee is declared unlawful and set aside.
  • The decision of the NEC of 20 September 2018 to appoint a Provincial Task Team (PTT) is declared unlawful and set aside.