Narius Moloto v The Pan Africanist Congress of Azania (1176/2019)
Narius Moloto v The Pan Africanist Congress of Azania (1176/2019) [2023] ZASCA 140 (27 October 2023)
The Supreme Court of Appeal held that the appeal was moot, as the relief sought had been overtaken by subsequent events, including the holding of the PAC national congress and the setting aside of the appellant's election as President. The Court found that there was no live controversy between the parties and that any decision would have no practical effect. The invocation of clause 14.2 by the appellant was not justified, as there was no genuine emergency, and the President's powers must be exercised in accordance with objective facts and the democratic decisions of the NEC. The unilateral s…
Source excerpt
- Mootness
- Interpretation Of Constitution
- Emergency Powers
- Consent Order
- Costs On Attorney And Client Scale