Ramakatsa and Others v African National Congress and Another (724/2019) [2021] ZASCA 31 (31 March 2021)

Ramakatsa and Others v African National Congress and Another (724/2019) [2021] ZASCA 31 (31 March 2021)

The Supreme Court of Appeal found that the Provincial Conference of the ANC Free State held on 18 and 19 May 2018 was unlawful and unconstitutional. The respondents failed to comply with the peremptory audit requirements and did not lawfully convene the necessary BGMs as required by the ANC Constitution and guidelines. The evidence showed that audits were not conducted within the prescribed nine-month period, and several BGMs were either not held lawfully or at all. The court rejected the argument that only the branches mentioned in previous orders required audits, holding that the process had to be restarted de novo for all branches. The failure to comply with both the ANC Constitution...

Citation
[2021] ZASCA 31
Parties
Appellant: Matshepo Ramakatsa; Appellant: Themba Mvandaba; Appellant: Shashapa Joshua Motaung; Respondent: African National Congress; Respondent: Members of the Free State Provincial Executive Committee of the African National Congress
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2021
Case Number
724/2019
Procedural Posture
Civil Appeal / Appeal From the Free State Division of the High Court, Bloemfontein
Outcome
Appeal upheld; previous order set aside and replaced with declaration of invalidity effective from date of judgment.
Judges
Saldulker, Mocumie, Dlodlo, Carelse, Weiner
Legal Topics
Internal Party Governance, Section 19 Rights, Compliance With Court Orders, Branch General Meetings, Audit Requirements, Unlawful Conference
Civil Procedure Constitutional Law Internal Party Governance Section 19 Rights Compliance With Court Orders Branch General Meetings Audit Requirements Unlawful Conference

Case Brief

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Parties

Matshepo Ramakatsa

Appellant

Themba Mvandaba

Appellant

Shashapa Joshua Motaung

Appellant

African National Congress

Respondent

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

Respondent

Procedural Posture

Civil Appeal / Appeal From the Free State Division of the High Court, Bloemfontein

Legal Issues

  1. 1 Whether the Provincial Conference of the ANC Free State held on 18 and 19 May 2018 was lawful and constitutional.
  2. 2 Whether the audit requirements and branch general meetings were properly conducted prior to the conference.
  3. 3 Whether the respondents complied with previous court orders regarding the holding of BGMs.

Ratio Decidendi

The Supreme Court of Appeal found that the Provincial Conference of the ANC Free State held on 18 and 19 May 2018 was unlawful and unconstitutional. The respondents failed to comply with the peremptory audit requirements and did not lawfully convene the necessary BGMs as required by the ANC Constitution and guidelines. The evidence showed that audits were not conducted within the prescribed nine-month period, and several BGMs were either not held lawfully or at all. The court rejected the argument that only the branches mentioned in previous orders required audits, holding that the process had to be restarted de novo for all branches. The failure to comply with both the ANC Constitution...

Court Disposition

Appeal upheld; previous order set aside and replaced with declaration of invalidity effective from date of judgment.

Orders

  • Leave to appeal is granted; costs occasioned by the application for leave to appeal are costs in the appeal.
  • The appeal is upheld with costs, including costs occasioned by the employment of two counsel.