Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017) [2018] ZAECMHC 51 (28 August 2018)

Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017) [2018] ZAECMHC 51 (28 August 2018)

The court found that the ANC task team had taken a decision to dismiss the applicant's appeal and, in accordance with established legal principles, that decision stands until set aside. The applicant's exclusion from the branch meeting constituted conduct inconsistent with section 19 of the Constitution, but did not justify setting aside the regional conference or its decisions, as the broader irregularities present in Ramakatsa were not established. The costs order was made in accordance with the general rule and the submissions of both parties, and there were no grounds for a court of appeal to interfere with the exercise of discretion. Consequently, the application for leave to appeal...

Citation
[2018] ZAECMHC 51
Parties
Applicant: Badanile Ntamo; Applicant: Mlandeli Ndabetha; Respondent: African National Congress, Regional Executive Committee of the Eastern Cape Province; Respondent: African National Congress, Eastern Cape Provincial Executive Committee; Respondent: African National Congress, National Executive Committee; Respondent: African National Congress
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
28 August 2018
Case Number
1693/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
G H Bloem
Legal Topics
Internal Party Democracy, Section 19 Rights, Costs Award, Administrative Action, Plascon Evans Rule
Constitutional Law Civil Procedure Internal Party Democracy Section 19 Rights Costs Award Administrative Action Plascon Evans Rule

Case Brief

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Parties

Badanile Ntamo

Applicant

Mlandeli Ndabetha

Applicant

African National Congress, Regional Executive Committee of the Eastern Cape Province

Respondent

African National Congress, Eastern Cape Provincial Executive Committee

Respondent

African National Congress, National Executive Committee

Respondent

African National Congress

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Initial Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the dismissal of their application to declare the ANC regional conference and its decisions unlawful.
  2. 2 Whether the decisions of the ANC task team stand until set aside.
  3. 3 Whether the exclusion of the applicant from the branch meeting justifies setting aside the regional conference and its decisions.

Ratio Decidendi

The court found that the ANC task team had taken a decision to dismiss the applicant's appeal and, in accordance with established legal principles, that decision stands until set aside. The applicant's exclusion from the branch meeting constituted conduct inconsistent with section 19 of the Constitution, but did not justify setting aside the regional conference or its decisions, as the broader irregularities present in Ramakatsa were not established. The costs order was made in accordance with the general rule and the submissions of both parties, and there were no grounds for a court of appeal to interfere with the exercise of discretion. Consequently, the application for leave to appeal...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.