South Africa Case Law

Sithole and Others v African National Congress and Others (020623/2022)

Sithole and Others v African National Congress and Others (020623/2022) [2023] ZAGPJHC 791; [2023] 3 All SA 890 (GJ) (17 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

020623/2022

Judge

Fisher

The court found that the exclusion of branches from the Ekurhuleni Regional Conference was not based on any empowering provision in the ANC constitution or guidelines, and the process was procedurally and substantively unfair. The complaints leading to disqualification were not properly lodged, and the decision to quarantine votes was arbitrary and not provided for in the rules. The ANC's reliance on the '70% rule' was misconstrued; it is a quorum requirement, not a license to deny minority members their rights. The irregularities were material, as the quarantined votes could have determined…

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• Political Rights
• Internal Party Democracy
• Ultra Vires
• Procedural Fairness
• Setting Aside Elections
• Section 19 Constitution

Zulu and Others v Provincial Executive Committee - ANC, Kwazulu-Natal and Others (189/2022P)

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

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

189/2022P

Judge

Smart AJ

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. Co…

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• Internal Party Democracy
• Section 19 Rights
• Conference Guidelines
• Dispute Resolution
• Locus Standi
• Branch Verification

Pan African Congress of Azania and Others v Moloto and Others (60975/2020)

Pan African Congress of Azania and Others v Moloto and Others (60975/2020) [2021] ZAGPPHC 539 (23 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

60975/2020

Judge

Mahlangu

The court held that the Limpopo PAC congress was unlawful, found the Bloemfontein NEC to be lawful, and ruled that the purported appeal did not suspend the earlier order.

• Declaratory Relief
• Internal Party Democracy
• Proper Service Of Process
• Leave To Appeal
• Electoral Participation
• Internal-party-democracy

Pan Africanist Congress of Azania v Moloto (46162/2019)

Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 304 (12 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

46162/2019

Judge

A Millar

The court set aside the PAC president’s unilateral use of emergency powers, holding there was no genuine emergency and that rationality applied.

• Voluntary Association Governance
• Constitutional Interpretation
• Rationality Review
• Emergency Powers
• Internal Party Democracy
• Voluntary-association-governance

Pan Africanist Congress of Azania v Moloto (46162/2019)

Pan Africanist Congress of Azania v Moloto (46162/2019) [2019] ZAGPPHC 537 (12 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

46162/2019

Judge

Millar

The High Court set aside the PAC president’s unilateral invocation of emergency powers and related decrees, finding no genuine emergency and applying rationality review.

• Voluntary Association Governance
• Constitutional Interpretation
• Rationality Review
• Emergency Powers
• Internal Party Democracy
• Voluntary-association-governance

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

Motswana and Others v African National Congress and Others (35398/18)

Motswana and Others v African National Congress and Others (35398/18) [2019] ZAGPJHC 4 (6 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

35398/18

Judge

Kathree-Setiloane

The High Court set aside the ANC’s decision to dissolve the North West PEC, finding the process procedurally unfair and contrary to the party’s constitution.

• Political Rights
• Procedural Fairness
• Internal Party Democracy
• Audi Alteram Partem
• Declaratory Relief
• Interdictory Relief

Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017)

Ntamo and Another v African National Congress, Regional Executive Committee of the Eastern Cape Province and Others (1693/2017) [2018] ZAECMHC 51 (28 August 2018)

Court

Eastern Cape High Court, Mthatha

Case number

1693/2017

Judge

G H Bloem

The court found that the ANC task team had taken a decision to dismiss the applicant's appeal and, in accordance with established legal principles, that decision stands until set aside. The applicant's exclusion from the branch meeting constituted conduct inconsistent with section 19 of the Constitution, but did not justify setting aside the regional conference or its decisions, as the broader irregularities present in Ramakatsa were not established. The costs order was made in accordance with the general rule and the submissions of both parties, and there were no grounds for a court of appea…

Source excerpt

• Internal Party Democracy
• Section 19 Rights
• Costs Award
• Administrative Action
• Plascon Evans Rule

Mokoena and Others v Magashule and Others (2555/2016)

Mokoena and Others v Magashule and Others (2555/2016) [2017] ZAFSHC 224 (14 December 2017)

Court

Free State High Court, Bloemfontein

Case number

2555/2016

Judges

Van Zyl, Mathebula, Mhlambi

Minority judgment declining to endorse prospective orders restraining ANC delegates and conferences, warning against judicial overreach into party processes.

• Internal Party Democracy
• Declaratory Relief
• Interdict
• Judicial Review Of Party Processes
• Internal-party-democracy
• Declaratory-relief

Agang-South Africa and Another v Mayoli and Others (2015/2772)

Agang-South Africa and Another v Mayoli and Others (2015/2772) [2015] ZAGPJHC 24 (9 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/2772

Judge

Spilg

The High Court interdicted Agang-SA’s rival faction from proceeding with a Special National Congress and held that disputed provincial meetings were unlawfully convened.

• Voluntary Association Governance
• Interdictory Relief
• Declaratory Orders
• Internal Party Democracy
• Validity Of Meetings
• Voluntary-association-governance