Narius Moloto v The Pan Africanist Congress of Azania (1176/2019) [2023] ZASCA 140 (27 October 2023)

Narius Moloto v The Pan Africanist Congress of Azania (1176/2019) [2023] ZASCA 140 (27 October 2023)

The Supreme Court of Appeal held that the appeal was moot, as the relief sought had been overtaken by subsequent events, including the holding of the PAC national congress and the setting aside of the appellant's election as President. The Court found that there was no live controversy between the parties and that any decision would have no practical effect. The invocation of clause 14.2 by the appellant was not justified, as there was no genuine emergency, and the President's powers must be exercised in accordance with objective facts and the democratic decisions of the NEC. The unilateral suspension of the PAC constitution and alteration of the consent order were void and of no legal...

Citation
[2023] ZASCA 140
Parties
Appellant: Narius Moloto; Respondent: The Pan Africanist Congress of Azania
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 October 2023
Case Number
1176/2019
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs on attorney and client scale, including costs of two counsel where so employed.
Judges
Mocumie, Hughes, Matojane, Molefe, Nhlangulela
Legal Topics
Mootness, Interpretation of Constitution, Emergency Powers, Consent Order, Costs on Attorney and Client Scale
Civil Procedure Commercial and Corporate Mootness Interpretation of Constitution Emergency Powers Consent Order Costs on Attorney and Client Scale

Case Brief

Summary, issues, holding and outcome

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Parties

Narius Moloto

Appellant

The Pan Africanist Congress of Azania

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the invocation of clause 14.2 of the Pan Africanist Congress's disciplinary code by the President was lawful.
  2. 2 Whether the appeal is moot and has been overtaken by events.
  3. 3 Whether the President's emergency powers under clause 14.2 require an objective or subjective test.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal was moot, as the relief sought had been overtaken by subsequent events, including the holding of the PAC national congress and the setting aside of the appellant's election as President. The Court found that there was no live controversy between the parties and that any decision would have no practical effect. The invocation of clause 14.2 by the appellant was not justified, as there was no genuine emergency, and the President's powers must be exercised in accordance with objective facts and the democratic decisions of the NEC. The unilateral suspension of the PAC constitution and alteration of the consent order were void and of no legal...

Court Disposition

Appeal dismissed with costs on attorney and client scale, including costs of two counsel where so employed.

Orders

  • The appeal is dismissed with costs on attorney and client scale, including the costs of two counsel where so employed.