Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 538 (12 October 2019)

Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 538 (12 October 2019)

The court found that the applicant would suffer irreparable harm if the operation of the urgent court order was suspended, as the respondent's actions would render the appeal academic and undermine both the NEC's original resolution and the court's previous judgment. The respondent would not suffer irreparable harm...

Source-derived case information.

Citation
[2019] ZAGPPHC 538
Parties
Applicant: Pan Africanist Congress of Azania; Respondent: Moloto, Narius
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 October 2019
Case Number
46162/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application Following Urgent Court Order
Outcome
Leave to appeal was granted to the full court of the Division. The application in terms of Section 18(3) was granted, with no order as to costs.
Judges
A Millar
Legal Topics
Section 18 Application, Leave to Appeal, Irreparable Harm, Suspension of Order
Civil Procedure Section 18 Application Leave to Appeal Irreparable Harm Suspension of Order

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Parties

Pan Africanist Congress of Azania

Applicant

Moloto, Narius

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Section 18(3) Application Following Urgent Court Order

Legal Issues

  1. 1 Whether the operation and execution of the urgent court order should be suspended pending appeal.
  2. 2 Whether the applicant would suffer irreparable harm if the order is suspended.
  3. 3 Whether the respondent would suffer irreparable harm if the order is not suspended.

Ratio Decidendi

The court found that the applicant would suffer irreparable harm if the operation of the urgent court order was suspended, as the respondent's actions would render the appeal academic and undermine both the NEC's original resolution and the court's previous judgment. The respondent would not suffer irreparable harm if the order remained in force, as his interests would be accommodated by the conference as originally arranged, without the arbitrariness of the unilateral declaration of a state of emergency and the changed date and venue. The requirements of Section 18(3) were met, and the application to lift the suspension was granted.

Court Disposition

Leave to appeal was granted to the full court of the Division. The application in terms of Section 18(3) was granted, with no order as to costs.

Orders

  • Leave to appeal is granted to the full court of this Division.
  • Costs of the application for leave to appeal are costs in the appeal.