Sokomani and Others v African National Congress and Others (EL531/2020) [2023] ZAECELLC 2 (3 February 2023)

Sokomani and Others v African National Congress and Others (EL531/2020) [2023] ZAECELLC 2 (3 February 2023)

The court found that the rule nisi was framed too broadly, covering all ANC branch meetings in the region, while the applicants were only members of specific wards. The internal ANC appeal processes had been completed, and the regional conference had already taken place, rendering the issues moot. There was no live controversy remaining between the parties, and confirming the rule would have no practical effect. The court held that, as a court of first instance, it had no discretion to decide moot issues in the interests of justice or public importance. The applicants failed to establish a basis for confirming the rule in respect of either the branch meeting irregularities or the...

Citation
[2023] ZAECELLC 2
Parties
Applicant: Ondela Sokomani; Applicant: Anelisa Songqumase; Applicant: Fundiswa Sizani; Applicant: Lusapho Coto; Applicant: Xolani Lobese; Respondent: African National Congress; Respondent: National Executive Committee; Respondent: Eastern Cape Provincial Task Team (ANC); Respondent: Dr WB Rubusana Regional Task Team (ANC)
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
3 February 2023
Case Number
EL531/2020
Procedural Posture
Urgent Application / Return Day for Confirmation of Rule Nisi
Outcome
Application dismissed; rule nisi discharged.
Judges
Govindjee
Legal Topics
Political Party Internal Governance, Mootness, Declaratory Relief, Branch Meeting Irregularities, Exhaustion of Internal Remedies
Constitutional Law Civil Procedure Political Party Internal Governance Mootness Declaratory Relief Branch Meeting Irregularities Exhaustion of Internal Remedies

Case Brief

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 26 Party arguments 2
Sign in to unlock

Parties

Ondela Sokomani

Applicant

Anelisa Songqumase

Applicant

Fundiswa Sizani

Applicant

Lusapho Coto

Applicant

Xolani Lobese

Applicant

African National Congress

Respondent

National Executive Committee

Respondent

Eastern Cape Provincial Task Team (ANC)

Respondent

Dr WB Rubusana Regional Task Team (ANC)

Respondent

Procedural Posture

Urgent Application / Return Day for Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the rule nisi interdicting the ANC regional conference and declaring branch meetings unconstitutional and unlawful should be confirmed.
  2. 2 Whether the matter is moot due to the conclusion of internal ANC appeal processes and the subsequent convening of the conference.
  3. 3 Whether a costs order should be made against the applicants given the constitutional nature of the dispute.

Ratio Decidendi

The court found that the rule nisi was framed too broadly, covering all ANC branch meetings in the region, while the applicants were only members of specific wards. The internal ANC appeal processes had been completed, and the regional conference had already taken place, rendering the issues moot. There was no live controversy remaining between the parties, and confirming the rule would have no practical effect. The court held that, as a court of first instance, it had no discretion to decide moot issues in the interests of justice or public importance. The applicants failed to establish a basis for confirming the rule in respect of either the branch meeting irregularities or the...

Court Disposition

Application dismissed; rule nisi discharged.

Orders

  • The application is dismissed.
  • Each party is to pay its own costs.