Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC) [2024] ZAEC 15 (13 May 2024)

Mxube and Others v The Electoral Commission of South Africa and Others (0012/23EC) [2024] ZAEC 15 (13 May 2024)

The court found that the applicants were unlawfully expelled from the Makana Citizens Front and removed from their PR Councillor positions in the Makana Municipal Council. The disciplinary proceedings and subsequent actions taken by certain respondents were irregular and did not comply with the party's constitution. The respondents failed to follow the prescribed procedures for removal, and their actions were not disputed by any opposing papers. The Electoral Commission and Makana Local Municipality acted on information provided by the party, but the underlying decisions were unlawful. The court ordered the review and setting aside of all decisions leading to the applicants' removal,...

Citation
[2024] ZAEC 15
Parties
Applicant: Lungile Pacifist Reginald Mxube; Applicant: Phillip Machanick; Applicant: Kungeka Gaynor Machanick; Applicant: Eric Jonathan Walton; Applicant: Margaret Jane Bradshaw; Respondent: Electoral Commission of SA; Respondent: Makana Local Municipality; Respondent: Speaker of Makana Local Municipality; Respondent: Nosigqibo Soxujwa; Respondent: Ayanda Kota; Respondent: Lungisa Sixaba; Respondent: Thandisizwe Matebese; Respondent: Amanda Deke; Respondent: Zonwabele Mantla; Respondent: Milo Geelbooi; Respondent: Mahlubandile Khuhlane; Respondent: Makana Citizens Front; Respondent: Pumelo Maxwell Kate N O, as Municipal Manager of the Makana Municipality
Court
Electoral Court
Jurisdiction
South Africa
Judgment Date
13 May 2024
Case Number
0012/23EC
Procedural Posture
Review Application / Final Judgment on the Papers
Outcome
Application granted in amended form; all decisions relating to the applicants' expulsion and removal from the party and council are reviewed and set aside; applicants reinstated; no order as to costs.
Judges
Zondi JA, Shongwe AJ, Adams AJ, Ntlama-Makhanya, Phooko
Legal Topics
Electoral Commission Act, Party Membership Dispute, Unlawful Expulsion, Review of Administrative Action, Municipal Council Seat Removal
Administrative Law Civil Procedure Constitutional Law Electoral Commission Act Party Membership Dispute Unlawful Expulsion Review of Administrative Action Municipal Council Seat Removal

Case Brief

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Parties

Lungile Pacifist Reginald Mxube

Applicant

Phillip Machanick

Applicant

Kungeka Gaynor Machanick

Applicant

Eric Jonathan Walton

Applicant

Margaret Jane Bradshaw

Applicant

Electoral Commission of SA

Respondent

Makana Local Municipality

Respondent

Speaker of Makana Local Municipality

Respondent

Nosigqibo Soxujwa

Respondent

Ayanda Kota

Respondent

Lungisa Sixaba

Respondent

Thandisizwe Matebese

Respondent

Amanda Deke

Respondent

Zonwabele Mantla

Respondent

Milo Geelbooi

Respondent

Mahlubandile Khuhlane

Respondent

Makana Citizens Front

Respondent

Pumelo Maxwell Kate N O, as Municipal Manager of the Makana Municipality

Respondent

Procedural Posture

Review Application / Final Judgment on the Papers

Legal Issues

  1. 1 Whether the applicants were unlawfully expelled from the Makana Citizens Front and removed from their PR Councillor positions.
  2. 2 Whether the disciplinary proceedings and subsequent actions by certain respondents complied with the MCF Constitution.
  3. 3 Whether the Electoral Commission and Makana Local Municipality acted lawfully in removing the applicants and appointing replacements.

Ratio Decidendi

The court found that the applicants were unlawfully expelled from the Makana Citizens Front and removed from their PR Councillor positions in the Makana Municipal Council. The disciplinary proceedings and subsequent actions taken by certain respondents were irregular and did not comply with the party's constitution. The respondents failed to follow the prescribed procedures for removal, and their actions were not disputed by any opposing papers. The Electoral Commission and Makana Local Municipality acted on information provided by the party, but the underlying decisions were unlawful. The court ordered the review and setting aside of all decisions leading to the applicants' removal,...

Court Disposition

Application granted in amended form; all decisions relating to the applicants' expulsion and removal from the party and council are reviewed and set aside; applicants reinstated; no order as to costs.

Orders

  • The decisions by the fourth and fifth respondents, purportedly on behalf of the Makana Citizens Front, to convene and conduct a disciplinary hearing against the applicants on 14 February 2022, to expel the applicants, to declare vacancies in relation to the PR Councillor positions, and to submit an updated PR...
  • The decision to declare vacancies in Council in respect of the PR Councillor positions awarded to the Makana Citizens Front is reviewed and set aside.