Mphahlele and Others v Pan Africanist Congress of Azania of Another (8340/2016) [2016] ZAGPPHC 485 (21 June 2016)

Mphahlele and Others v Pan Africanist Congress of Azania of Another (8340/2016) [2016] ZAGPPHC 485 (21 June 2016)

The court found that the order made on 20 April 2016 was final in respect of the participation of the parties in the upcoming local government elections and thus appealable. However, the grounds for leave to appeal were unmeritorious. Mr Mphahlele's expulsion from the PAC was upheld by the Full Court, and he had not taken steps to challenge that decision. The principle that invalid administrative action cannot simply be ignored was applied by analogy, confirming the finality of the expulsion. The Electoral Commission's decision to suspend funding was provisional and did not require a court order to be set aside. The test for leave to appeal under s 17 of the Superior Courts Act sets a...

Citation
[2016] ZAGPPHC 485
Parties
Applicant: Letlapa Mphahlele; Applicant: Pan Africanist Congress of Azania; Applicant: Mr Mphethi; Respondent: Pan Africanist Congress of Azania; Respondent: Independent Electoral Commission of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2016
Case Number
8340/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 20 April 2016.
Outcome
Application for leave to appeal dismissed with costs for Mr Mphahlele; application by Mr Mphethi struck from the roll with costs.
Judges
T M Makgoka
Legal Topics
Leave to Appeal, Appealability of Interim Orders, Judicial Precedent, Expulsion From Political Party, Electoral Commission Decisions
Civil Procedure Administrative Law Leave to Appeal Appealability of Interim Orders Judicial Precedent Expulsion From Political Party Electoral Commission Decisions

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 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Letlapa Mphahlele

Applicant

Pan Africanist Congress of Azania

Applicant

Mr Mphethi

Applicant

Pan Africanist Congress of Azania

Respondent

Independent Electoral Commission of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 20 April 2016.

Legal Issues

  1. 1 Whether the order of 20 April 2016 is appealable as a final order.
  2. 2 Whether the expulsion of Mr Mphahlele from the PAC can be ignored for purposes of the Electoral Commission's communication.
  3. 3 Whether the court erred in granting the order without setting aside the Electoral Commission's provisional decision on funding.

Ratio Decidendi

The court found that the order made on 20 April 2016 was final in respect of the participation of the parties in the upcoming local government elections and thus appealable. However, the grounds for leave to appeal were unmeritorious. Mr Mphahlele's expulsion from the PAC was upheld by the Full Court, and he had not taken steps to challenge that decision. The principle that invalid administrative action cannot simply be ignored was applied by analogy, confirming the finality of the expulsion. The Electoral Commission's decision to suspend funding was provisional and did not require a court order to be set aside. The test for leave to appeal under s 17 of the Superior Courts Act sets a...

Court Disposition

Application for leave to appeal dismissed with costs for Mr Mphahlele; application by Mr Mphethi struck from the roll with costs.

Orders

  • The application by Mr Letlapa Mphahlele for leave to appeal is dismissed with costs.
  • The application by Mr Mphethi for leave to appeal is struck from the roll with costs.