Wele v Economic Freedom Fighters and Others (509/15) [2016] ZAECBHC 3 (23 February 2016)

Wele v Economic Freedom Fighters and Others (509/15) [2016] ZAECBHC 3 (23 February 2016)

The court found that, on a prima facie basis, the applicant was not afforded a fair hearing prior to his expulsion from the Economic Freedom Fighters, as there was insufficient proof that he received notification of the disciplinary hearing date via email. However, the applicant failed to establish irreparable harm, as any financial loss could be recovered if reinstated, and he did not demonstrate that he was the sole breadwinner or lacked other income. The balance of convenience did not favour granting interim relief. Furthermore, the rule nisi previously granted had lapsed due to not being extended to a specific date, and the applicant had not pursued the review application with...

Citation
[2016] ZAECBHC 3
Parties
Applicant: Themba Wele; Respondent: Economic Freedom Fighters; Respondent: Eastern Cape Provincial Legislature; Respondent: Speaker of the Eastern Cape Provincial Legislature
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
23 February 2016
Case Number
509/15
Procedural Posture
Urgent Application / Interlocutory Application for Interim Interdict Pending Review
Outcome
Application for interlocutory interdict dismissed; costs awarded against applicant except for 20 October 2015.
Judges
S M Mbenenge
Legal Topics
Interim Interdict, Audi Alteram Partem, Expulsion From Legislature, Electronic Service of Process, Constitutional Membership Loss
Civil Procedure Constitutional Law Interim Interdict Audi Alteram Partem Expulsion From Legislature Electronic Service of Process Constitutional Membership Loss

Case Brief

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Parties

Themba Wele

Applicant

Economic Freedom Fighters

Respondent

Eastern Cape Provincial Legislature

Respondent

Speaker of the Eastern Cape Provincial Legislature

Respondent

Procedural Posture

Urgent Application / Interlocutory Application for Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant was afforded a fair hearing prior to expulsion from the Economic Freedom Fighters.
  2. 2 Whether the applicant received proper notification of the disciplinary hearing date.
  3. 3 Whether the requirements for an interlocutory interdict are satisfied, including prima facie right, irreparable harm, and balance of convenience.

Ratio Decidendi

The court found that, on a prima facie basis, the applicant was not afforded a fair hearing prior to his expulsion from the Economic Freedom Fighters, as there was insufficient proof that he received notification of the disciplinary hearing date via email. However, the applicant failed to establish irreparable harm, as any financial loss could be recovered if reinstated, and he did not demonstrate that he was the sole breadwinner or lacked other income. The balance of convenience did not favour granting interim relief. Furthermore, the rule nisi previously granted had lapsed due to not being extended to a specific date, and the applicant had not pursued the review application with...

Court Disposition

Application for interlocutory interdict dismissed; costs awarded against applicant except for 20 October 2015.

Orders

  • The application for the grant of the interlocutory interdict encapsulated in Part A of the applicant's notice of motion is dismissed.
  • The applicant shall pay the costs of the application incurred to date.