Ntongana and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2743/2009, 2794/2009) [2009] ZAECGHC 78 (5 November 2009)

Ntongana and Others v Charperson: the National Disciplinary Committee of Appeal of the African National Congress and Others, MEC: Local Government and Traditional Affairs of the Government of the Eastern Cape v Others (2743/2009, 2794/2009) [2009] ZAECGHC 78 (5 November 2009)

The court found that the applicants were not properly notified of the change in venue for the appeal hearing, resulting in their inability to attend and present their case. The convenience of the National Disciplinary Committee of Appeal was prioritised over the applicants' rights, thereby flouting their entitlement to procedural fairness and natural justice. The respondents' explanations for the venue change were illogical and failed to justify the lack of proper notice. The applicants established a prima facie right to relief, a well-grounded apprehension of irreparable harm, and the balance of convenience favoured them. The prerequisites for an interim interdict were met, warranting...

Citation
[2009] ZAECGHC 78
Parties
Applicant: Webster Ntongana and 14 Others; Respondent: Chairperson: National Disciplinary Committee of Appeal of the African National Congress; Respondent: African National Congress; Respondent: Independent Electoral Commission; Respondent: Chief Electoral Officer; Respondent: Mnquma Local Municipality; Respondent: Municipal Manager: Mnquma Local Municipality; Applicant: Member of the Executive Council for Local Government and Traditional Affairs for the Province of the Eastern Cape; Respondent: Persons whose names appear on Annexure A; Respondent: National Working Committee of the African National Congress; Respondent: Provincial Working Committee of the African National Congress
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
5 November 2009
Case Number
2743/2009, 2794/2009
Procedural Posture
Urgent Application / Interim Interdict and Related Relief Pending Review
Outcome
Interim interdict granted in favour of the applicants; expulsion suspended and reinstatement ordered pending review. MEC application dismissed.
Judges
Pickering
Legal Topics
Procedural Fairness, Natural Justice, Internal Party Discipline, Interim Interdict, Municipal Councillor Expulsion, Automatic Right of Appeal
Administrative Law Civil Procedure Labour Law Procedural Fairness Natural Justice Internal Party Discipline Interim Interdict Municipal Councillor Expulsion +1 more

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Parties

Webster Ntongana and 14 Others

Applicant

Chairperson: National Disciplinary Committee of Appeal of the African National Congress

Respondent

African National Congress

Respondent

Independent Electoral Commission

Respondent

Chief Electoral Officer

Respondent

Mnquma Local Municipality

Respondent

Municipal Manager: Mnquma Local Municipality

Respondent

Member of the Executive Council for Local Government and Traditional Affairs for the Province of the Eastern Cape

Applicant

Persons whose names appear on Annexure A

Respondent

National Working Committee of the African National Congress

Respondent

Provincial Working Committee of the African National Congress

Respondent

Procedural Posture

Urgent Application / Interim Interdict and Related Relief Pending Review

Legal Issues

  1. 1 Whether the applicants were afforded procedural fairness in the disciplinary and appeal proceedings of the ANC.
  2. 2 Whether the applicants received adequate notice of the time, date, and venue of the appeal hearing.
  3. 3 Whether the expulsion of the applicants from the ANC and their removal as councillors should be suspended pending review.

Ratio Decidendi

The court found that the applicants were not properly notified of the change in venue for the appeal hearing, resulting in their inability to attend and present their case. The convenience of the National Disciplinary Committee of Appeal was prioritised over the applicants' rights, thereby flouting their entitlement to procedural fairness and natural justice. The respondents' explanations for the venue change were illogical and failed to justify the lack of proper notice. The applicants established a prima facie right to relief, a well-grounded apprehension of irreparable harm, and the balance of convenience favoured them. The prerequisites for an interim interdict were met, warranting...

Court Disposition

Interim interdict granted in favour of the applicants; expulsion suspended and reinstatement ordered pending review. MEC application dismissed.

Orders

  • Pending finalisation of the review application, the expulsion of the applicants from the African National Congress is set aside and applicants are reinstated as councillors of the fifth respondent with all emoluments due to them by virtue of their councillorship.
  • The costs of the application for interim relief on 29 October 2009 shall be paid by first respondent, second respondent and seventh respondent, jointly and severally, the one paying the others to be absolved.