Sibanda and Others Sterkspruit Civic Association (2522/2017) [2017] ZAECMHC 26 (25 July 2017)

Sibanda and Others Sterkspruit Civic Association (2522/2017) [2017] ZAECMHC 26 (25 July 2017)

The court found that the Sterkspruit Civic Association's constitution did not confer any power to expel members, either expressly or by necessary implication. The disciplinary committee and executive committee acted ultra vires in expelling the applicants and removing them from the party list and council positions. The applicants were denied a fair hearing and the opportunity to appeal to a valid constitutional body. The urgency of the application was justified by the timing of the actionable decision on 24 May 2017. The court held that the applicants were entitled to reinstatement of their membership and interdictory relief restraining the respondents from removing them from the gazetted...

Citation
[2017] ZAECMHC 26
Parties
Applicant: Sithembile Johannes Sibanda; Applicant: Mninikhaya Jeremiah Madikane; Applicant: Lamllani Mehlomakhulu; Applicant: Lebohang Setsepane; Applicant: Sazi Gungqa; Applicant: Sakhumzi Maqala; Applicant: Chumile Dada; Applicant: Mthetheleli Patrick Mnisi; Applicant: Moeketsi Twoboy Sehloho; Applicant: Mzwanele Mgidlana; Applicant: Mtuvumile Ndoda; Applicant: Wiseman Andisiwe Mkangala; Applicant: Madisema Christina Kibe; Respondent: Sterkspruit Civic Association; Respondent: Mcebisi Ntikelo Mgojo; Respondent: Nokuzola Phama; Respondent: Mthethunjani Yiliwe; Respondent: Alice Dyani; Respondent: Nonzukiso Masupa; Respondent: Koki Shibane; Respondent: Nduna Stuurman; Respondent: Khanyisa Maqungo; Respondent: Noncedo Makaka; Respondent: Bongiwe Ndzaba; Respondent: Pheko Methola; Respondent: Madoda Mvula; Respondent: Thethani Thembile Mkhasakhasa; Respondent: Jackson Mcebisi Mdolomba; Respondent: Nosidima Rozana; Respondent: Melisizwe Kafile; Respondent: The Independent Electoral Commission; Respondent: Speaker, Senqu Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
25 July 2017
Case Number
2522/2017
Procedural Posture
Urgent Application / Final Judgment on Urgent Application
Outcome
Application granted in part; applicants' expulsions and removals set aside; certain declaratory and interdictory relief granted; remaining prayers dismissed; costs awarded against first to seventeenth respondents.
Judges
Majiki
Legal Topics
Voluntary Association Membership, Expulsion of Members, Interdict, Internal Remedies, Municipal Councillor Removal
Civil Procedure Commercial and Corporate Voluntary Association Membership Expulsion of Members Interdict Internal Remedies Municipal Councillor Removal

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Parties

Sithembile Johannes Sibanda

Applicant

Mninikhaya Jeremiah Madikane

Applicant

Lamllani Mehlomakhulu

Applicant

Lebohang Setsepane

Applicant

Sazi Gungqa

Applicant

Sakhumzi Maqala

Applicant

Chumile Dada

Applicant

Mthetheleli Patrick Mnisi

Applicant

Moeketsi Twoboy Sehloho

Applicant

Mzwanele Mgidlana

Applicant

Mtuvumile Ndoda

Applicant

Wiseman Andisiwe Mkangala

Applicant

Madisema Christina Kibe

Applicant

Sterkspruit Civic Association

Respondent

Mcebisi Ntikelo Mgojo

Respondent

Nokuzola Phama

Respondent

Mthethunjani Yiliwe

Respondent

Alice Dyani

Respondent

Nonzukiso Masupa

Respondent

Koki Shibane

Respondent

Nduna Stuurman

Respondent

Khanyisa Maqungo

Respondent

Noncedo Makaka

Respondent

Bongiwe Ndzaba

Respondent

Pheko Methola

Respondent

Madoda Mvula

Respondent

Thethani Thembile Mkhasakhasa

Respondent

Jackson Mcebisi Mdolomba

Respondent

Nosidima Rozana

Respondent

Melisizwe Kafile

Respondent

The Independent Electoral Commission

Respondent

Speaker, Senqu Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether the expulsion of the applicants from the Sterkspruit Civic Association was lawful.
  2. 2 Whether the removal of applicants from the gazetted election list and council positions was valid.
  3. 3 Whether the applicants are entitled to reinstatement of membership and council positions.

Ratio Decidendi

The court found that the Sterkspruit Civic Association's constitution did not confer any power to expel members, either expressly or by necessary implication. The disciplinary committee and executive committee acted ultra vires in expelling the applicants and removing them from the party list and council positions. The applicants were denied a fair hearing and the opportunity to appeal to a valid constitutional body. The urgency of the application was justified by the timing of the actionable decision on 24 May 2017. The court held that the applicants were entitled to reinstatement of their membership and interdictory relief restraining the respondents from removing them from the gazetted...

Court Disposition

Application granted in part; applicants' expulsions and removals set aside; certain declaratory and interdictory relief granted; remaining prayers dismissed; costs awarded against first to seventeenth respondents.

Orders

  • The respondents are restrained and interdicted from removing the names of the sixth, eighth, ninth, eleventh, twelfth and thirteenth applicants from the candidates' gazetted election list kept by the eighteenth respondent.
  • The eighteenth respondent is restrained and interdicted from giving effect to the resolution expelling the applicants from the SCA and Senqu municipality.