Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P) [2023] ZAKZPHC 63 (19 May 2023)

Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P) [2023] ZAKZPHC 63 (19 May 2023)

The court found that the respondents raised genuine disputes of fact regarding the alleged irregularities in the procedures leading up to the conference. The respondents' affidavits were corroborated by documentary evidence, including a final verification report, and addressed each complaint raised by the...

Source-derived case information.

Citation
[2023] ZAKZPHC 63
Parties
Applicant: Mhlaliseni Ismael Zulu; Applicant: Bongani Patrick Ngubeni; Applicant: Siphiwe Mazibuko; Applicant: Siphamandla Mthobisi Gule; Applicant: Bongani Mandlingozi; Respondent: Provincial Executive Committee – ANC, Kwazulu-Natal; Respondent: African National Congress; Respondent: ANC Regional Executive Committee – Emalahleni
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
19 May 2023
Case Number
189/2022P
Procedural Posture
Review Application / Final Judgment on Merits
Outcome
Application dismissed with costs.
Judges
Smart AJ
Legal Topics
Internal Party Democracy, Section 19 Rights, Conference Guidelines, Dispute Resolution, Locus Standi, Branch Verification
Constitutional Law Civil Procedure Administrative Law Internal Party Democracy Section 19 Rights Conference Guidelines Dispute Resolution Locus Standi +1 more

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Summary, issues, holding and outcome

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Parties

Mhlaliseni Ismael Zulu

Applicant

Bongani Patrick Ngubeni

Applicant

Siphiwe Mazibuko

Applicant

Siphamandla Mthobisi Gule

Applicant

Bongani Mandlingozi

Applicant

Provincial Executive Committee – ANC, Kwazulu-Natal

Respondent

African National Congress

Respondent

ANC Regional Executive Committee – Emalahleni

Respondent

Procedural Posture

Review Application / Final Judgment on Merits

Legal Issues

  1. 1 Whether the procedures leading up to the 11th Emalahleni Regional Elective Conference of the ANC complied with the ANC constitution and conference guidelines.
  2. 2 Whether the exclusion of certain branches and members constituted an infringement of section 19 constitutional rights.
  3. 3 Whether the applicants established sufficient irregularities to justify setting aside the conference.

Ratio Decidendi

The court found that the respondents raised genuine disputes of fact regarding the alleged irregularities in the procedures leading up to the conference. The respondents' affidavits were corroborated by documentary evidence, including a final verification report, and addressed each complaint raised by the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version where disputes of fact existed. The applicants failed to establish that the conference was convened in breach of the ANC constitution or guidelines, or that their constitutional rights were infringed. Consequently, the application to set aside the conference and its decisions was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The applicants' claim is dismissed with costs, jointly and severally.