Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to...

Source-derived case information.

Citation
[2023] ZAGPJHC 791
Parties
Applicant: Jabulani Derrick Sithole; Applicant: Rethabile Samson Lukhele; Applicant: Dolly Molly Nkosi; Applicant: Mbekezeli Phillip Thwala; Applicant: Tshidiso Joseph Saul; Applicant: Moses Lekholo Moreku; Applicant: Jean Stato; Applicant: Romeo Mokoni; Respondent: African National Congress; Respondent: African National Congress: Provincial Executive Committee – Gauteng Province; Respondent: African National Congress: Ekurhuleni Region; Respondent: The Elexions Agency (Pty) Ltd; Respondent: Lesiba Mpya; Respondent: Tlou Chokoe; Respondent: Lovemore Chauke; Respondent: Sizakele Masuku; Respondent: Tshikani Hassani; Respondent: Nomadlozi Nkosi; Respondent: Mziyanda Mketsu; Respondent: Fikile Khumalo; Respondent: Tiisetso Nketle; Respondent: Pheliswa Dondolo; Respondent: Loyiso Capa; Respondent: Mpho Moshoeshoe; Respondent: Mapule Mohlakoana; Respondent: Isabela Ramasilo; Respondent: Paulina Bodiba; Respondent: Jane Nhlapo; Respondent: Busisiwe Khoza; Respondent: Andile Mngwevu; Respondent: Teliswa Mgweba; Respondent: Sipho Ngobese; Respondent: Mzwandile Masina; Respondent: Jongizizwe Dlabathi; Respondent: Thembinkosi Nciza; Respondent: Moipone Mhlongo; Respondent: Sello Sekhokho; Respondent: African National Congress: The Immediate Past Members of the Provincial Executive Committee – Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 July 2023
Case Number
020623/2022
Procedural Posture
Review Application / Final Judgment
Outcome
Application granted. The Eighth Regional Conference of the Ekurhuleni Region and all decisions, resolutions, and election results emanating from it are set aside. Costs awarded against the first respondent.
Judges
Fisher
Legal Topics
Political Rights, Internal Party Democracy, Ultra Vires, Procedural Fairness, Setting Aside Elections, Section 19 Constitution
Constitutional Law Civil Procedure Administrative Law Political Rights Internal Party Democracy Ultra Vires Procedural Fairness Setting Aside Elections +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Jabulani Derrick Sithole

Applicant

Rethabile Samson Lukhele

Applicant

Dolly Molly Nkosi

Applicant

Mbekezeli Phillip Thwala

Applicant

Tshidiso Joseph Saul

Applicant

Moses Lekholo Moreku

Applicant

Jean Stato

Applicant

Romeo Mokoni

Applicant

African National Congress

Respondent

African National Congress: Provincial Executive Committee – Gauteng Province

Respondent

African National Congress: Ekurhuleni Region

Respondent

The Elexions Agency (Pty) Ltd

Respondent

Lesiba Mpya

Respondent

Tlou Chokoe

Respondent

Lovemore Chauke

Respondent

Sizakele Masuku

Respondent

Tshikani Hassani

Respondent

Nomadlozi Nkosi

Respondent

Mziyanda Mketsu

Respondent

Fikile Khumalo

Respondent

Tiisetso Nketle

Respondent

Pheliswa Dondolo

Respondent

Loyiso Capa

Respondent

Mpho Moshoeshoe

Respondent

Mapule Mohlakoana

Respondent

Isabela Ramasilo

Respondent

Paulina Bodiba

Respondent

Jane Nhlapo

Respondent

Busisiwe Khoza

Respondent

Andile Mngwevu

Respondent

Teliswa Mgweba

Respondent

Sipho Ngobese

Respondent

Mzwandile Masina

Respondent

Jongizizwe Dlabathi

Respondent

Thembinkosi Nciza

Respondent

Moipone Mhlongo

Respondent

Sello Sekhokho

Respondent

African National Congress: The Immediate Past Members of the Provincial Executive Committee – Gauteng Province

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the exclusion of certain ANC branches from the Ekurhuleni Regional Conference was lawful and procedurally fair.
  2. 2 Whether the ANC's application of the '70% rule' justified proceeding with the conference despite irregularities affecting excluded branches.
  3. 3 Whether the disqualification of branches and quarantining of votes materially affected the validity of the conference and its outcomes.

Ratio Decidendi

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to quarantine votes was arbitrary and not provided for in the rules. The ANC's reliance on the '70% rule' was misconstrued; it is a quorum requirement, not a license to deny minority members their rights. The irregularities were material, as the quarantined votes could have determined the outcome of key leadership positions. The applicants were denied their section 19...

Court Disposition

Application granted. The Eighth Regional Conference of the Ekurhuleni Region and all decisions, resolutions, and election results emanating from it are set aside. Costs awarded against the first respondent.

Orders

  • The Eighth Regional Conference of the Ekurhuleni Region of the African National Congress held at the Indaba Hotel in Fourways on 27 to 29 May 2022 and all decisions, resolutions, and election results emanating from the Conference are set aside.
  • The first respondent (the ANC) is to pay the costs of the application.