Ramakatsa and Others v African national Congress and Another (3041/2018) [2019] ZAFSHC 26 (21 February 2019)

Ramakatsa and Others v African national Congress and Another (3041/2018) [2019] ZAFSHC 26 (21 February 2019)

The court found that the applicants failed to establish that the Provincial Conference held in May 2018 was unlawful or in violation of the previous court order. The respondents provided credible documentary evidence of attempts to reconvene BGMs in all affected wards, and the applicants' allegations were largely unfounded or contradicted by the evidence. The court held that the respondents were not in contempt of court, as they acted in good faith and took reasonable steps to comply with the order. The applicants' approach was opportunistic, seeking to revive issues already adjudicated or not previously raised, which undermined the finality of litigation. The application was dismissed in...

Citation
[2019] ZAFSHC 26
Parties
Applicant: Matshepo Ramakatsa; Applicant: Lebeko Maile; Applicant: Themba Mvandaba; Applicant: Shashapa Joshua Motaung; Respondent: African National Congress; Respondent: Members of the Provincial Executive Committee of the African National Congress in the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 February 2019
Case Number
3041/2018
Procedural Posture
Urgent Application / Final Judgment on Application
Outcome
Application dismissed in toto with costs, including reserved costs and costs for two counsel where employed.
Judges
A.F. Jordaan
Legal Topics
Internal Party Democracy, Contempt of Court, Branch General Meetings, Section 19 Rights, Costs Order
Constitutional Law Civil Procedure Internal Party Democracy Contempt of Court Branch General Meetings Section 19 Rights Costs Order

Case Brief

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Parties

Matshepo Ramakatsa

Applicant

Lebeko Maile

Applicant

Themba Mvandaba

Applicant

Shashapa Joshua Motaung

Applicant

African National Congress

Respondent

Members of the Provincial Executive Committee of the African National Congress in the Free State

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application

Legal Issues

  1. 1 Whether the Provincial Conference held on 18 and 19 May 2018 was in violation of the court order of 29 November 2017.
  2. 2 Whether the decisions, resolutions, and outcomes of the Provincial Conference are unlawful and unconstitutional.
  3. 3 Whether the first respondent is in contempt of court for alleged non-compliance with the previous order.

Ratio Decidendi

The court found that the applicants failed to establish that the Provincial Conference held in May 2018 was unlawful or in violation of the previous court order. The respondents provided credible documentary evidence of attempts to reconvene BGMs in all affected wards, and the applicants' allegations were largely unfounded or contradicted by the evidence. The court held that the respondents were not in contempt of court, as they acted in good faith and took reasonable steps to comply with the order. The applicants' approach was opportunistic, seeking to revive issues already adjudicated or not previously raised, which undermined the finality of litigation. The application was dismissed in...

Court Disposition

Application dismissed in toto with costs, including reserved costs and costs for two counsel where employed.

Orders

  • The application is dismissed in its entirety.
  • Applicants are ordered to pay the costs of the application, including the costs occasioned by the employment of two counsel where so employed.