South Africa Case Law

Ramakatsa and Others v African National Congress and Another (724/2019)

Ramakatsa and Others v African National Congress and Another (724/2019) [2021] ZASCA 31 (31 March 2021)

Court

Supreme Court of Appeal

Case number

724/2019

Judges

Saldulker, Mocumie, Dlodlo, Carelse, Weiner

The Supreme Court of Appeal found that the Provincial Conference of the ANC Free State held on 18 and 19 May 2018 was unlawful and unconstitutional. The respondents failed to comply with the peremptory audit requirements and did not lawfully convene the necessary BGMs as required by the ANC Constitution and guidelines. The evidence showed that audits were not conducted within the prescribed nine-month period, and several BGMs were either not held lawfully or at all. The court rejected the argument that only the branches mentioned in previous orders required audits, holding that the process ha…

Source excerpt

• Internal Party Governance
• Section 19 Rights
• Compliance With Court Orders
• Branch General Meetings
• Audit Requirements
• Unlawful Conference

Ramakatsa and Others v African national Congress and Another (3041/2018)

Ramakatsa and Others v African national Congress and Another (3041/2018) [2019] ZAFSHC 26 (21 February 2019)

Court

Free State High Court, Bloemfontein

Case number

3041/2018

Judge

A.F. Jordaan

The High Court dismissed an urgent application challenging the Free State ANC provincial conference and refused contempt relief, finding no proven breach of the earlier order.

• Internal Party Democracy
• Contempt Of Court
• Branch General Meetings
• Section 19 Rights
• Costs Order
• Contempt-of-court