African National Congress v Moqolo and Others - Leave to Appeal (1852/2023) [2023] ZAFSHC 255 (28 June 2023)

African National Congress v Moqolo and Others - Leave to Appeal (1852/2023) [2023] ZAFSHC 255 (28 June 2023)

The court found that the respondents had not established a compelling reason for leave to appeal based solely on the importance of the case or the existence of related pending matters. The court clarified that it was not called upon to decide the legality of the expulsion, as that issue would be addressed in a...

Source-derived case information.

Citation
[2023] ZAFSHC 255
Parties
Applicant: African National Congress; Respondent: Lehlohonolo Moqolo; Respondent: Patrick Monyakoana; Respondent: Makoa Christopheln Lelala; Respondent: Mapaseka Mothibi-Nkoane; Respondent: Chabeli Frank Rampai; Respondent: Puseletso Leticia Seleke; Respondent: Mpho Mokoakoa
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 June 2023
Case Number
1852/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Confirmation of Rule Nisi
Outcome
Leave to appeal granted to the respondents against the whole judgment of 23 June 2023.
Judges
Molitsoane
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Internal Party Discipline, Interdict, Expulsion Review
Civil Procedure Leave to Appeal Reasonable Prospect of Success Internal Party Discipline Interdict Expulsion Review

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Parties

African National Congress

Applicant

Lehlohonolo Moqolo

Respondent

Patrick Monyakoana

Respondent

Makoa Christopheln Lelala

Respondent

Mapaseka Mothibi-Nkoane

Respondent

Chabeli Frank Rampai

Respondent

Puseletso Leticia Seleke

Respondent

Mpho Mokoakoa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the respondents have demonstrated reasonable prospects of success for leave to appeal.
  2. 2 Whether the importance of the case or pending related matters constitutes a compelling reason to grant leave to appeal.
  3. 3 Whether the court failed to address clause 25(10) of the ANC Constitution and its impact on the disciplinary proceedings.

Ratio Decidendi

The court found that the respondents had not established a compelling reason for leave to appeal based solely on the importance of the case or the existence of related pending matters. The court clarified that it was not called upon to decide the legality of the expulsion, as that issue would be addressed in a separate review application. The main issue before the court was the status of the respondents in relation to the applicant, specifically whether the expulsion was effective and whether the appeals filed suspended the decision. The court held that the disciplinary committee's decision was final and binding, and internal remedies had not been exhausted. However, the court...

Court Disposition

Leave to appeal granted to the respondents against the whole judgment of 23 June 2023.

Orders

  • The respondents are granted leave to appeal the whole judgment of this court granted on 23 June 2023 to the Full Court of this Division.
  • The costs shall be costs in the appeal.