Mphethi and Another v Apooe and Others (11224/2017) [2020] ZAGPPHC 294 (1 June 2020)

Mphethi and Another v Apooe and Others (11224/2017) [2020] ZAGPPHC 294 (1 June 2020)

The court found that the first applicant failed to provide sufficient evidence of his authority to bring the application on behalf of the Pan Africanist Congress of Azania. He did not attach any resolution from the PAC NEC authorising him to act, nor did he substantiate his claim to leadership beyond a bare assertion. The court held that the applicant did not discharge the onus required in motion proceedings. Furthermore, the leadership dispute was resolved by agreement between the parties, which was made an order of court, rendering the counterclaims moot. The application was dismissed with costs, including the costs of senior counsel.

Citation
[2020] ZAGPPHC 294
Parties
Applicant: Seropane Alton Mphethi; Applicant: Pan African Congress of Azania N.O.; Respondent: Apa Apooe; Respondent: Chargein Mabaso; Respondent: Eddie Mfulwane; Respondent: Electoral Commissioner of South Africa; Respondent: Fiona Mzikazi Yolanda; Respondent: Fudumele Mphuthumi; Respondent: Gcobani Katiya; Respondent: Kedibone Sandra Tsokodibane; Respondent: Khuselo Owen Makapela; Respondent: Kolise Mbete; Respondent: Letlapa Mphahlele; Respondent: Lunga Mantashe; Respondent: Luthando Mbinda; Respondent: Manelisi Mampana; Respondent: Mbuyiseli Gantsu; Respondent: Mmabatho Mosolodi; Respondent: Mohlomphegi Mphahlele; Respondent: Mzimasi Sibeko; Respondent: Mzwanele Nyhontso; Respondent: Noah Sitto; Respondent: Owen Khatazile; Respondent: Paseka Makoti; Respondent: Sanelisiwe Dilata; Respondent: Sibusiso Xaba; Respondent: Siva Ndamane; Respondent: Tefu David Machakela; Respondent: Zamikhaya Gxabe; Appellant: Marius Moloto; Appellant: Pan Africanist Congress of Azania (under leadership of Nyhontso)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2020
Case Number
11224/2017
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs, including costs of senior counsel.
Judges
NM Mavundla
Legal Topics
Leadership Dispute, Authority to Institute Proceedings, Political Party Governance, Resolution of Counterclaims
Civil Procedure Commercial and Corporate Leadership Dispute Authority to Institute Proceedings Political Party Governance Resolution of Counterclaims

Case Brief

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Parties

Seropane Alton Mphethi

Applicant

Pan African Congress of Azania N.O.

Applicant

Apa Apooe

Respondent

Chargein Mabaso

Respondent

Eddie Mfulwane

Respondent

Electoral Commissioner of South Africa

Respondent

Fiona Mzikazi Yolanda

Respondent

Fudumele Mphuthumi

Respondent

Gcobani Katiya

Respondent

Kedibone Sandra Tsokodibane

Respondent

Khuselo Owen Makapela

Respondent

Kolise Mbete

Respondent

Letlapa Mphahlele

Respondent

Lunga Mantashe

Respondent

Luthando Mbinda

Respondent

Manelisi Mampana

Respondent

Mbuyiseli Gantsu

Respondent

Mmabatho Mosolodi

Respondent

Mohlomphegi Mphahlele

Respondent

Mzimasi Sibeko

Respondent

Mzwanele Nyhontso

Respondent

Noah Sitto

Respondent

Owen Khatazile

Respondent

Paseka Makoti

Respondent

Sanelisiwe Dilata

Respondent

Sibusiso Xaba

Respondent

Siva Ndamane

Respondent

Tefu David Machakela

Respondent

Zamikhaya Gxabe

Respondent

Marius Moloto

Appellant

Pan Africanist Congress of Azania (under leadership of Nyhontso)

Appellant

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the first applicant was lawfully authorised to bring the application on behalf of the second applicant.
  2. 2 Whether the December 2018 Kimberley Conference was unconstitutional and its results should be set aside.
  3. 3 Who is the legitimate leader of the Pan Africanist Congress of Azania.

Ratio Decidendi

The court found that the first applicant failed to provide sufficient evidence of his authority to bring the application on behalf of the Pan Africanist Congress of Azania. He did not attach any resolution from the PAC NEC authorising him to act, nor did he substantiate his claim to leadership beyond a bare assertion. The court held that the applicant did not discharge the onus required in motion proceedings. Furthermore, the leadership dispute was resolved by agreement between the parties, which was made an order of court, rendering the counterclaims moot. The application was dismissed with costs, including the costs of senior counsel.

Court Disposition

Application dismissed with costs, including costs of senior counsel.

Orders

  • The application is dismissed.
  • The first applicant is ordered to pay the costs, including the costs of engaging senior counsel.