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South Africa Case Law

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Constitutional Law [2017] ZAECGHC 131

Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017)

Mgabadeli and Others v African National Congress and Others (EL1303/2017, ECD3703/2017) [2017] ZAECGHC 131 (12 December 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
EL1303/2017, ECD3703/2017
Judges
D Van Zyl, N G Beshe, G G Goosen

The court found that the applicants' complaints regarding irregularities at branch and conference level were disputed on the papers and not proven to the stringent standard required for final relief in motion proceedings. The ANC's constitution and guidelines provided for internal remedies, and the NEC was actively considering the complaints, having established an appeal panel to investigate and make recommendations. The court held that the matter was not ripe for judicial determination, as the internal processes had not concluded and the applicants had not demonstrated that these remedies we…

Source excerpt

  • Section 19 Political Rights
  • Internal Remedies Exhaustion
  • Ripeness Doctrine
  • Voluntary Association Contract
  • Conference Election Irregularities
  • Urgent Application Requirements
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Constitutional Law [2017] ZAKZPHC 36

Dube and Others v Zikalala and Others (7904/2016P)

Dube and Others v Zikalala and Others (7904/2016P) [2017] ZAKZPHC 36; [2017] 4 All SA 365 (KZP) (12 September 2017)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7904/2016P
Judges
Koen, Balton, Chetty

The court held that the Eighth KwaZulu-Natal Provincial Elective Conference of the ANC was convened in breach of rule 17.2.1 of the ANC constitution, as it was held earlier than four years after the previous conference without a request from at least one third of branches. The interpretation of the rule, considering the text, context, and purpose, required that conferences be held at least every four years, and more often only if properly requested. The absence of such a request rendered the conference unlawful. The court found that alleged irregularities in the audit and accreditation proces…

Source excerpt

  • Political Party Internal Governance
  • Interpretation Of Constitution
  • Declaratory Relief
  • Locus Standi
  • Time Bar
  • Conference Election Irregularities
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.