Phumaphi and Others v African National Congress and Others (840/2011) [2011] ZAECGHC 10 (21 April 2011)

Phumaphi and Others v African National Congress and Others (840/2011) [2011] ZAECGHC 10 (21 April 2011)

The application was dismissed on the basis that the urgency was self-created and not justified by the facts, with applicants failing to comply with the rules of court regarding time periods and service. The applicants and sub-regional structures lacked locus standi, as only members in their personal capacities could challenge proceedings related to their own branches, and some applicants were suspended members. Service on the fifth and further respondents was inadequate, and other interested parties were not joined, rendering the application fatally defective. The court found no merit in the constitutional arguments advanced for urgency or class action, and held that the conduct of the...

Citation
[2011] ZAECGHC 10
Parties
Applicant: Fumanekile Phumaphi; Applicant: Meketsi Magwa; Applicant: Johnson Jonathan Thamsanqa Mduli; Applicant: Lungile Mahluthana; Applicant: Nomabhaso Gloria Ndaki; Applicant: Thandiwe Mahlanyana; Respondent: The African National Congress; Respondent: The Provincial Executive Committee of the African National Congress, Eastern Cape; Respondent: The Interim Regional Committee of the African National Congress, Eastern Cape; Respondent: Independent Electoral Commission; Respondent: The List of Candidates in Accordance with Annexure 'A' 5th to Further to the Notice of Motion Respondents
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
21 April 2011
Case Number
840/2011
Procedural Posture
Urgent Application / Points in Limine; Interim and Final Relief Sought
Outcome
Application dismissed with costs on attorney and client scale, including costs for two counsel.
Judges
Smith
Legal Topics
Urgency in Applications, Locus Standi, Service of Process, Municipal Elections, Class Action, Exclusive Jurisdiction
Civil Procedure Constitutional Law Administrative Law Urgency in Applications Locus Standi Service of Process Municipal Elections Class Action +1 more

Case Brief

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Parties

Fumanekile Phumaphi

Applicant

Meketsi Magwa

Applicant

Johnson Jonathan Thamsanqa Mduli

Applicant

Lungile Mahluthana

Applicant

Nomabhaso Gloria Ndaki

Applicant

Thandiwe Mahlanyana

Applicant

The African National Congress

Respondent

The Provincial Executive Committee of the African National Congress, Eastern Cape

Respondent

The Interim Regional Committee of the African National Congress, Eastern Cape

Respondent

Independent Electoral Commission

Respondent

The List of Candidates in Accordance with Annexure 'A' 5th to Further to the Notice of Motion Respondents

Respondent

Procedural Posture

Urgent Application / Points in Limine; Interim and Final Relief Sought

Legal Issues

  1. 1 Whether the application is urgent and justifies departure from the rules of court.
  2. 2 Whether the applicants and the sub-regions they represent have locus standi to bring the proceedings.
  3. 3 Whether the court has jurisdiction to hear the matter or if the Electoral Court has exclusive jurisdiction.

Ratio Decidendi

The application was dismissed on the basis that the urgency was self-created and not justified by the facts, with applicants failing to comply with the rules of court regarding time periods and service. The applicants and sub-regional structures lacked locus standi, as only members in their personal capacities could challenge proceedings related to their own branches, and some applicants were suspended members. Service on the fifth and further respondents was inadequate, and other interested parties were not joined, rendering the application fatally defective. The court found no merit in the constitutional arguments advanced for urgency or class action, and held that the conduct of the...

Court Disposition

Application dismissed with costs on attorney and client scale, including costs for two counsel.

Orders

  • The application is dismissed with costs, such costs to be on the attorney and client scale and shall include costs attendant upon the employment of two counsel by the first, second and third respondents.